California Court of Appeal

Defendant's request for a writ of mandate seeking to overturn a superior court's decision denying his request to obtain discovery materials is granted and the order is vacated as there is no statutory requirement that a defendant be represented by an attorney at the time he pursues a motion under Penal Code section 1054.9 (allowing for a defendant sentenced to death or life without the possibility of parole to obtain discovery materials from the superior court after unsuccessfully attempting to obtain such materials from trial counsel).

Appellate Information

• Decided 02/19/2010
• Published 02/19/2010

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Henry Burton, Jr., in pro. per., for Petitioner., Edmund G. Brown Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Catherine Tennant Nieto, Deputy Attorneys General, for Real Party in Interest.


• For Appellees:
  
• No appearance by Respondent.