California Court of Appeal

A motion for postconviction discovery pursuant to Penal Code section 1054.9 may not be denied solely due to a defendant's inability to pay in advance for copies of the discovery materials, and where a moving party demonstrates entitlement to postconviction discovery but asserts he is unable to pay copying costs, the court must determine if defendant is indigent as claimed and, if so, fashion a reimbursement plan or other means to permit the discovery to proceed.

Appellate Information

• Published 2017/01/27

Judges

• POLLAK

Court

• California Court of Appeal

Counsel