Supreme Court of California

In an automatic appeal of a death sentence, the Court of Appeals' decision vacating the trial court's grant of real party in interest's 'Motion to Preserve Files, Records, Evidence and Other Items Related to Automatic Appeal' is reversed where a superior court has jurisdiction to grant a motion to preserve evidence relating to a capital case then pending review on automatic appeal to this court, limited to evidence potentially discoverable under Penal Code section 1054.9, which establishes a mechanism for postconviction discovery.

Appellate Information

• Published 2017/02/16

Judges

• WERDEGAR

Court

• Supreme Court of California

Counsel