Swanson v. State

In Swanson v. State, 248 Ga. App. 551 (545 SE2d 713) (2001) the Court acknowledged that the state may have been negligent or careless in failing to preserve a blood sample. Id. at 551-552 (1) (a). However, no showing of bad faith was made where there was no evidence "that the sample was destroyed out of an interested or sinister motive, or through a conscious doing of wrong" or that the state "intentionally destroyed the evidence or had the evidence destroyed as a result of improper motive, such as keeping exculpatory evidence from the defendant." Id. at 552 (1) (a).