Gaines

People v. Gaines

Bad Law
2009 Cal. LEXIS 4289·46 Cal. 4th 172·92 Cal. Rptr. 3d 627·205 P.3d 1074
Supreme Court of CaliforniaApril 30, 2009S157008California4,720 words

Opinion

Opinion

Baxter, J.

A criminal defendant, on a showing of good cause, is entitled to discovery of information in the confidential personnel records of a peace officer when that information is relevant to defend against a criminal charge. (Pen. Code, § 832.7; Evid. Code, § 1043 et seq.; see Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ] (Pitchess).) In this case, the Court of Appeal determined that the trial court abused its discretion by summarily denying defendant’s Pitchess motion without first examining the requested records in camera to determine whether they contained relevant information. The Court of Appeal conditionally reversed the judgment of conviction and remanded the matter to permit the trial court to conduct an in camera review of the requested personnel records. If the trial court’s inspection uncovered no relevant information, the trial court was to reinstate the judgment. If, on the other hand, relevant information was discovered during the in camera review, the trial court was to order disclosure, allow defendant an opportunity to demonstrate prejudice from the failure to disclose the relevant information, and order a new trial if…

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