PEOPLE v. MOOC

No. S090666.

114 Cal.Rptr.2d 482 (2001)

26 Cal.4th 1216

36 P.3d 21

The PEOPLE, Plaintiff and Respondent, v. Bau A. MOOC, Defendant and Appellant.

Supreme Court of California.

As Modified January 29, 2002.


Attorney(s) appearing for the Case

Jeffrey Wilens, Mission Viejo, under appointment by the Supreme Court, for Defendant and Appellant.

Eric S. Multhaup, Mill Valley, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Appellant.

Carl C. Holmes, Public Defender (Orange), Deborah A. Kwast, Chief Deputy Public Defender, Kevin Phillips, Assistant Public Defender, and Lee Blumen, Deputy Public Defender, for California Public Defenders Association and Orange County Public Defender's Office as Amici Curiae on behalf of Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert Shaw, Pamela A. Ratner, Adrianne S. Denault and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

Joseph W. Fletcher, City Attorney (Santa Ana), Hugh Haliford and Denah H. Yoshiyama, Assistant City Attorneys, for City of Santa Ana as Amicus Curiae on behalf of Plaintiff and Respondent.

Tom Haas, City Attorney (Walnut Creek) and Paul M. Valle-Riestra, Assistant City Attorney, for the Cities of Alameda, Bakersfield, Barstow, Buena Park, Carlsbad, Emeryville, Hayward, Laguna Beach, Menlo Park, Monrovia, Monterey, Napa, Newport Beach, Pleasanton, San Pablo, Sausalito, Sunnyvale, Tracy and Walnut Creek as Amici Curiae on behalf of Plaintiff and Respondent.

Jones & Mayer, Martin J. Mayer, Long Beach, and Michael R. Capizzi, Santa Ana, for California State Sheriffs Association, California Police Chiefs Association and California Peace Officer's Association as Amici Curiae on behalf of Plaintiff and Respondent.


WERDEGAR, J.

In Pitchess v. Superior Court (1974) 11 Cal.3d 531, 113 Cal.Rptr. 897, 522 P.2d 305 (Pitchess), we recognized that a criminal defendant may, in some circumstances, compel the discovery of evidence in the arresting law enforcement officer's personnel file that is relevant to the defendant's ability to defend against a criminal...

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