BARNETT v. SUPERIOR COURT

No. C051311.

164 Cal.App.4th 18 (2008)

LEE MAX BARNETT, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

June 19, 2008.


Attorney(s) appearing for the Case

Quin Denvir and Daniel J. Broderick, Federal Defenders, Jennifer M. Corey, Assistant Federal Defender; and Robert D. Bacon for Petitioner.

No appearance for Respondent.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Mary Jo Graves, Assistant Attorney General, Ward A. Campbell, Michael P. Farrell and Eric L. Christoffersen, Deputy Attorneys General, for Real Party in Interest.


OPINION

ROBIE, J.

This writ proceeding arises out of Penal Code1 section 1054.9, which 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 2004, petitioner Lee Max Barnett filed a comprehensive motion for discovery under section 1054.9 in Butte County Superior...

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