Walklin (Frank) v. State ( 2014 )

 by the time the error was noticed, the correct video had been recorded
over.
A defendant is entitled to the dismissal of charges if the State,
acting in bad faith, fails to gather material evidence. Daniels, 114 Nev. at
267, 956 P.2d at 115. Here, the video was not material because there is no
reasonable probability that, had it been available to the defense, the result
of the proceedings would have been different; appellant's assertion that
the video would have been favorable is simply a "hoped-for conclusion."
Orfield v. State, 105 Nev. 107, 109, 771 P.2d 148, 149 (1989) (quoting
Boggs v. State, 95 Nev. 911, 913, 604 P.2d 107, 108 (1979)). And under the
circumstances presented, appellant fails to demonstrate that the State
acted in bad faith. Rather, the failure to collect the video was the result of
mere negligence, and therefore the appropriate remedy was for the
defense to probe law enforcement's investigative deficiencies, as the
district court permitted. See Daniels, 114 Nev. at 267, 956 P.2d at 115.
Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Pickering
J.
cc: Hon. Michelle Leavitt, District Judge
Blaine D. Beckstead
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
10) 1947A aNStitp