People v. Super. Ct. (Jones)

Opinion of the Court by Kruger, J.

A jury convicted Bryan Maurice Jones of capital murder and returned a verdict of death in 1994. Decades later, after this court affirmed his conviction and death sentence on appeal, Jones filed a habeas corpus petition claiming the prosecution had used peremptory strikes to discriminate against prospective jurors in violation of Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). In connection with this petition, Jones filed a motion for postconviction discovery under Penal Code section 1054.9 seeking access to the prosecutor’s jury selection notes. The trial court granted the motion, rejecting the District Attorney’s argument that the notes are shielded from disclosure as attorney work product. The Court of Appeal affirmed. We affirm as well. At the Batson/Wheeler hearing, the prosecutor had relied on an undisclosed juror rating system to explain his reasons for the challenged peremptory strikes. By putting the rating system at issue, the prosecutor impliedly waived any claim of work product protection over notes containing information about the system. The District Attorney may not now invoke…