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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
State of Indiana v. Mitchell Jay Bozarth
25A-CR-978
Criminal. Reverses the Wayne Superior Court’s granting of Mitchell Bozarth’s motion to dismiss his charges of dealing in a narcotic drug, a Level 2 felony, and operating a vehicle while intoxicated endangering a person, a Class A misdemeanor. Finds the dashcam video was not materially exculpatory and was at most potentially useful given that Bozarth admitted that the heroin belonged to him. Also finds that because the evidence was merely potentially useful, Bozarth was required to show bad faith on the part of the police in failing to preserve the video, there was no evidence of bad faith and the trial court abused its discretion in granting Bozarth’s motion to dismiss. Attorneys for appellant: Todd Rokita, Jesse Drum. Attorney for appellee: Peter Capofari.
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