Kly, would you comment on destruction of evidence? In Texas, destruction of evidence routinely takes place in at least misdemeanor cases after the case is adjudicated? A defendant can waive destruction, I guess, for appeal purposes.
If a defendant pleads guilty, his appellate rights are essentially limited to the discretionary aspects of sentencing. Accordingly it usually makes sense to destroy evidence, which is most often drugs. If there's a conviction after a trial, the prosecutor may not want destruction in the event that the matter is remanded.
Blood cases and rape cases involve felonies that carry longer sentences if the defendant is convicted. Those items are not destroyed as long as the defendant is still serving a sentence, either in jail or on parole.
In any case in PA the prosecutor needs a court order for destruction of evidence, which is usually requested on the record after sentencing following a guilty plea.
