New Mexico Forms Library

Decision Information

Form 14-5062. Lost, destroyed, or uncollected evidence; adverse inference permitted.1

Collection New Mexico Forms Library
Form Type Jury Instructions

Decision Content

14-5062.  Lost, destroyed, or uncollected evidence; adverse inference permitted.1

If the State fails to produce evidence [under its control]2 because the State [lost]3 [or] [destroyed] [or] [inadequately preserved] [or] [failed to gather or collect] that evidence, then you may, but are not required to, infer that the evidence would be unfavorable to the State.

 

USE NOTES

1.         For use upon a court’s finding that the State breached a duty to preserve material evidence and the deprivation of evidence was prejudicial to the defendant, or upon a court’s finding that the State acted with gross negligence in failing to collect material evidence.

2.         Use when the State failed to preserve evidence.

3.         Use applicable alternative or alternatives.

[Adopted by Supreme Court Order No. 20-8300-004, effective for all cases pending or filed on or after December 31, 2020.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.