Blumberg

I. INTRODUCTION

The issue presented in this case is as follows: If a defendant obtains a new trial by way of appellate or habeas corpus relief, does the trial court have discretion to order discovery of peace officer records, pursuant to Evidence Code section 1043 and Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ], related to events that occurred after the date of the original conviction?* 1 We conclude the law does not categorically preclude such discovery. Rather, the trial court is vested with discretion to order disclosure of records related to events that occurred during this period of time.

*1248 Because the trial court mistakenly believed it had no discretion to order said discovery, the writ is granted and the matter is remanded for the trial court to (a) exercise its discretion to include or exclude the period of time that postdates the original conviction, and (b) conduct any in camera review of police records as it deems necessary.

II. DISCUSSION

The parties do not dispute the procedural background. In 1998, petitioner was convicted of several felony offenses. In 2010, after exhausting state court remedies, a federal…