California Court of Appeal

Reset A A Font size: Print

People v. Superior Court (Johnson), A140767

A petition for writ of mandate challenging the superior court's order requiring the S.F. Police Department to provide the prosecution access to officer personnel files to allow for identification of any Brady materials in those files, is: 1) denied in part, where Penal Code section 832.7(a), which provides that peace officer personnel records are confidential and may be disclosed in a criminal proceeding only pursuant to a motion under Evidence Code section 1043, does not preclude direct prosecutorial access to officer personnel files for Brady purposes; but 2) granted in part, where prior to any Brady disclosure to defendant, the prosecution must first seek an order authorizing such disclosure pursuant to Evidence Code section 1043.

Appellate Information

  • Decided 08/11/2014
  • Published 08/11/2014

Judges

  • SIMONS

Court

  • California Court of Appeal

Counsel