Gapen v. Bobby

Full title: LARRY GAPEN, Petitioner, v. DAVID BOBBY, Warden, Respondent

Court: United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Mar 16, 2009

Case No. 3:08-cv-280 (S.D. Ohio Mar. 16, 2009)

Opinion

Case No. 3:08-cv-280.

March 16, 2009

ORDER

MICHAEL MERZ, Magistrate Judge

Respondent has indicated his intention to photograph the physical evidence in this case. The Court declines to permit removal of the physical evidence from its present containers for photographing because such removal poses risk of contribution of deterioration of evidence. See House v. Bell, 547 U.S. 518 (2006).

The Court will reconsider its ruling upon a motion from Respondent and for good cause shown or with the consent of Petitioner's counsel.