State of Arkansas v. Lee Earnest Clarks, 2nd

Summary

The court held that the State’s appeal was permissible because it presented an issue requiring clarification for the uniform administration of criminal law. On the merits, the court held that the defendant bore the burden under both applicable lost-evidence due-process tests and that the routine, unintentional deletion of the recordings was not bad faith merely because a preservation motion was pending. The dismissal of the charges was reversed and the case was remanded.