Supreme Court of Delaware

Elder v. State

December 3, 2018

Summary

The Supreme Court of Delaware affirmed Elder's convictions, holding that the State did not have a duty to investigate or preserve surveillance evidence from Elder's home when the alleged crime occurred elsewhere and the State was unaware that the system recorded video. Because the State was not negligent in failing to identify or preserve the possible evidence, the Superior Court properly refused to give the requested missing-evidence jury instruction.