California Court of Appeal

Penal Code section 1054.9 does not require a defendant, subject to a sentence of death or life in prison, to show as a prerequisite to obtaining an order for discovery materials under the statute, that: 1) the requested materials actually exist and are in the possession of the prosecution and/or the relevant law enforcement authorities; or 2) that defendant has a good faith basis to so believe.

Appellate Information

• Decided 11/30/2006
• Published 11/30/2006

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Ward A. Campbell, Supervising Deputy Attorney General, Eric L. Christoffersen, Deputy Attorney General, for Petitioner., Michael Laurence, San Francisco, Charles J. Press, and Kevin Bringuel, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.