Zamudio

On November 17, 1997, petitioner, Samuel Jimenez Zamudio, was convicted of two counts of first degree murder with special circumstances. On November 21, 1997, the jury recommended the death penalty for petitioner.

On January 9, 1998, counsel for petitioner filed with respondent a “Motion for Access to Redacted Copies of the Jury Questionnaires of the Twelve Jurors in This Case.” Counsel sought access to each of the jury questionnaires utilized during voir dire but with any and all personal juror identifying information, as contemplated within Code of Civil Procedure section 237, subdivision (a)(2), redacted. (All further statutory references will be to the Code of Civil Procedure unless otherwise noted.) No opposition was filed by the People. At a hearing on January 16, 1998, the court denied counsel’s request with the following statement: “But there has to be a showing as to why, some jury misconduct, some information that somebody has that the jurors didn’t properly deliberate, took into consideration factors that they should have not taken into consideration, something in that general nature for which the court then can make an order saying, yes, based upon that…