Craig

Craig v. Municipal Court

Good Law
100 Cal. App. 3d 69·161 Cal. Rptr. 19·1979 Cal. App. LEXIS 2404
Court of Appeal of CaliforniaDecember 19, 1979Civ. 55930California2,790 words

Opinion

Opinion

Compton, J.

Steven Gregory, a defendant in a pending misdemean- or prosecution for resisting arrest and battery upon officers of the California Highway Patrol, obtained a discovery order in the municipal court for production of the names and addresses of all persons arrested by the officers for similar charges during the preceding two years.

. The Commissioner of the California Highway Patrol petitioned the superior court for a writ of mandate directing the municipal court to vacate the discovery order. The superior court determined that the usefulness to defendant of arrestees’ names and addresses was of minimal, speculative and remote value and violated the privacy of the arrestees. A peremptory writ of mandate was issued. The defendant, who is the real party in interest, has appealed. We affirm.

A defendant’s right to a fair trial and the preparation of an effective and intelligent defense entitles him to pretrial discovery of all relevant and reasonably accessible information. (Pitchess v. Superior Court, 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ]; Cash v. Superior Court, 53 Cal.2d 72 [ 346 P.2d 407 ].) The request for discovery must describe the information with…

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