California Court of Appeal
Rezek v. Superior Court (People), G044915
In a prosecution for delaying or obstructing a police officer in the performance of his duty and vandalism, the Court of Appeal issues a writ of mandate directing the trial court to vacate its order denying the defendant's discovery motion for the statement of witnesses obtained during the internal affairs investigation of defendant's complaint against the police officer, where: 1) the trial court abused its discretion in denying the defendant's discovery motion on the mistaken belief that Penal Code section 1054.1 is the exclusive means by which a defendant may obtain statements of percipient witnesses contained in a peace officer's personnel file; and 2) the defendant made a sufficient showing to require an in camera review of the relevant documents and information.
Appellate Information
- Decided 05/25/2012
- Published 05/25/2012
Judges
- Moore
Court
- California Court of Appeal
Counsel
- For Appellant:
- Law Offices of Thomas E. Beck & Associates, Woodruff, Sradlin & Smart