Supreme Court of California

Penal Code section 1054.9, which requires a court to order that a defendant under a sentence of death or life in prison without the possibility of parole be provided postconviction discovery in specified circumstances, does not amend Proposition 115 because that proposition governs only pretrial discovery and does not prohibit postconviction discovery of the kind that section 1054.9 provides. Thus, contrary to district attorney's claim in the case at hand, section 1054.9 is not invalid.

Appellate Information

• Decided 04/08/2010
• Published 04/08/2010

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• Supreme Court of California

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