California Court of Appeal

In this case, plaintiff-sheriff was designated by the district attorney as a Brady officer, the consequence of which would be that, if plaintiff were called to testify in a criminal trial, the district attorney would be required to disclose to the defense that plaintiff had previously provided false information in an official investigation. Judgment providing that the county's obligation to provide plaintiff with independent counsel extended only to discussions and negotiations with the district attorney prior to the determination to list plaintiff as a Brady officer is modified, where: 1) the trial court erred in limiting the scope of representation afforded to plaintiff under Government Code section 31000.6; and 2) plaintiff's right to independent counsel should have extended to a legal challenge to the district attorney's designation of the plaintiff as a Brady officer while plaintiff served as sheriff.

Appellate Information

• Decided 01/06/2015
• Published 01/06/2015

Judges

• McGuiness

Court

• California Court of Appeal

Counsel