California Court of Appeal

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McGinnis v. Super. Ct., 149006

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

  • Decided
  • Published 2017/01/27

Judges

  • POLLAK

Court

  • California Court of Appeal

Counsel

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