JURY INSTRUCTION-SPOLIATION OF EVIDENCE

STATE OF NORTH CAROLINA        IN THE GENERAL COURT OF JUSTICE

 

___________ COUNTY               SUPERIOR COURT DIVISION

                                                      

STATE OF NORTH CAROLINA

v.

________________________,

Defendant

NOW COMES the defendant, ___________, by and through counsel, and requests the Court to charge the jury at the trial of this matter as follows:

Evidence has been received which tends to show that the motorcycle seized in the above captioned case was in the exclusive possession of the North Carolina Highway Patrol and has been lost or misplaced even though the North Carolina Highway Patrol was aware of their responsibility under North Carolina law to safely keep the motorcycle so that it could be used as evidence at trial and Aundra Cobbs right under North Carolina law to inspect and test the motorcycle prior to trial.  From this you may infer, though you are not compelled to do so, that if the motorcycle were produced in court it would be damaging to the State’s case.  You may give this inference such force and effect as you think it should have under all of the facts and circumstances. 

N.C.P.I.--Civil 101.39  Evidence--Spoliation by a Party.  Replacement May 2001

FOOTNOTE 1. McLain v. Taco Bell Corp., 137 N.C. App. 179, 183, 527 S.E.2d 712, 716 (2000), review denied, 352 N.C. 357, _____ S.E.2d _____ (2000).

 

CERTIFICATE OF SERVICE

A copy of this motion was personally served upon __________, Assistant District Attorney, and filed with the Clerk of Superior Court, ____________, NC, on 19 January 20_____.

_______________________

Attorney-at-Law