California Court of Appeal

A criminal defendant who makes a motion for discovery of peace officer personnel records -- which Penal Code section 1054.9 authorizes prior to filing a habeas petition -- without having made one during the original prosecution, must show that the records are material to the habeas corpus claims he or she proposes, and that those proposed claims are cognizable on habeas corpus. Petitioner's motion is denied as he decision on direct appeal makes the requested discovery immaterial, and petitioner's proposed claims are not cognizable on habeas corpus.

Appellate Information

• Decided 11/15/2006
• Published 11/15/2006

Judges

• WILLHITE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dale Ray Hurd, in propria persona, and Philip M. Brooks, under appointment by the Court of Appeal, for Petitioner., Rockard J. Delgadillo, City Attorney, Claudia McGee Henry, Senior Assistant City Attorney, and Kim Rodgers Westhoff, Deputy City Attorney, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.