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PEOPLE v. GALAN

No. B209903.

178 Cal.App.4th 6 (2009)

THE PEOPLE, Plaintiff and Respondent, v. RAFAEL PEREZ GALAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As modified October 14, 2009.

Attorney(s) appearing for the Case

Judith Vitek, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Sarah J. Farhat and Catherine Okawa Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

A trial is a search for the truth. Cross-examination and impeachment of witnesses go to the truth-seeking function of the trial. The courts should be ever vigilant to allow both sides access to evidentiary material that will enable them to search for the truth. In an appropriate case, these principles allow a criminal defendant, by way of a Pitchess motion, to "fish" in a police officer's personnel records to see if the officer has...

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