People v. Super. Ct. (Morales) CA4/2

STATEMENT OF THE CASE

Morales’s motion requested that “materials potentially relevant to his case be kept

intact so that future litigation can center on the fairness of his conviction and death

sentence, and not on tangential issues such as whether materials should have been

destroyed or whether destroyed materials would have favored the prosecution or

appellant [Morales].” It appears that Morales was sentenced in 2005 and his appeal is

pending before the Supreme Court of California. Morales asserted, without

contradiction, that although he has been appointed appellate counsel (who prepared the

motion), he has not yet been appointed counsel to pursue any habeas corpus remedy.

1 A copy of real party in interest’s order, consisting of seven pages, listing the 22 categories of documents he wishes to preserve is attached as Appendix A, post.

2 It was also asserted in the motion that “the duty falls to appellate counsel to

preserve all materials arguably governed by [Penal Code] section 1054.9[2] so that the

Legislature’s intention to provide condemned people like appellant with postjudgment

discovery can be given full force and effect.”

The People opposed the motion on…