Eulloqui

Eulloqui v. Superior Court

Good Law
105 Cal. Rptr. 3d 248·181 Cal. App. 4th 1055·2010 Cal. App. LEXIS 133
Court of Appeal of CaliforniaFebruary 4, 2010B218578California4,708 words

Opinion

Opinion

Mallano, J.

—Petitioner Francisco Eulloqui filed the instant petition for a writ of mandate to challenge the trial court’s denial of a discovery motion he filed in a habeas corpus proceeding. He contends he made a sufficient showing under both Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ] (Pitchess) and Brady v. Maryland (1963) 373 U.S. 83 [ 10 L.Ed.2d 215 , 83 S.Ct. 1194 ] {Brady) to require the trial court to examine a detective’s personnel file and disclose certain categories of information. We conclude petitioner made a sufficient showing under Brady with respect to one category of information sought in the motion and thus grant the petition.

BACKGROUND

In 1998 petitioner was convicted of murdering Enrique Gonzalez and attempting to murder Joseph Aflague on August 21, 1995. Aflague was the chief witness against petitioner at trial. Aflague testified that petitioner, whom Aflague had known for about 15 years, shot him while Max Padilla, who had asked Aflague to meet him at that location, shot Gonzalez. Petitioner and Padilla then fled together. Aflague also testified that he had seen petitioner wearing a gold charm that police recovered at…

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