Commonwealth v. Parrish
Annotate this CaseAfter a bench trial, Defendant was convicted of driving under the influence, first offense. Before Defendant was arrested, a police officer administered a preliminary breath test (PBT) but did not record the numerical level. The circuit court reversed the conviction and remanded the case for a new trial, concluding that the officer’s failure to preserve the PBT level was a Brady violation. The Court of Appeals affirmed the circuit court’s finding of a Brady violation. The Supreme Court reversed, holding that the circuit court’s finding of bad faith was erroneous because it was not supported by the record, and therefore, the circuit court and the Court of Appeals erred when they found a Brady violation.
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