PEOPLE v. SUPERIOR COURT

No. C051946.

51 Cal.Rptr.3d 670 (2006)

145 Cal.App.4th 473

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Shasta County, Respondent; Robert Edward Maury, Real Party in Interest.

Court of Appeal of California, Third District.

November 30, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Ward A. Campbell, Supervising Deputy Attorney General, Eric L. Christoffersen, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

Michael Laurence, San Francisco, Charles J. Press, and Kevin Bringuel, for Real Party in Interest.


ROBIE, J.

Penal Code1 section 1054.9 allows persons subject to a sentence of death or life in prison without the possibility of parole to file a motion for postconviction discovery to assist in seeking a writ of habeas corpus or an order vacating the judgment. The question in this case is whether section 1054.9 requires a defendant to show, as a prerequisite to obtaining an order for discovery materials under the statute, that the requested...

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