Poston
Poston v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DONEL POSTON, Case No. 18-cv-03450-CRB (JSC)
Plaintiff,
ORDER RE: MOTION FOR
v. DISCOVERY
M. ELIOT SPEARMAN, Re: Dkt. No. 36 Defendant.
12 Donel Poston is currently serving a prison sentence of 72 years to life for murder, attempted murder, and unlawful possession of a firearm. In 2018, he filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Among other alleged errors, Poston asserts that the prosecutor failed to disclose material impeachment evidence as required by Brady v. Maryland, 373 U.S. 83 (1963). In particular, he contends the prosecutor failed to disclose that Lieutenant Tony Jones, who testified as an expert witness for the prosecution, had sent racist text messages to another officer. The district court referred resolution of discovery to this magistrate judge. (Dkt. No. 38.) Now pending before the court is Poston’s motion for discovery related to his Brady claim. (Dkt. No. 36.)…