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BARNETT v. SUPERIOR COURT

No. C051311.

51 Cal.Rptr.3d 741 (2006)

145 Cal.App.4th 495

Lee Max BARNETT, Petitioner, v. The SUPERIOR COURT of Butte County, Respondent; The People, Real Party in Interest.

Court of Appeal of California, Third District.

December 5, 2006.

Attorney(s) appearing for the Case

Daniel J. Broderick, Acting Federal Defender, Jennifer M. Corey, Assistant Federal Defender; Robert D. Bacon, for Petitioner.

No appearance for Respondent.

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, Erie L. Christoffersen, Deputy Attorney General, for Real Party in Interest.

ROBIE, J.

Penal Code 1 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. In In re Steele (2004) 32 Cal.4th 682, 10 Cal.Rptr.3d 536, 85 P.3d 444...

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