BARNETT v. SUPERIOR COURT

No. S165522.

50 Cal.4th 890 (2010)

114 Cal. Rptr. 3d 576

237 P.3d 980

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

Supreme Court of California.

August 26, 2010.


Attorney(s) appearing for the Case

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

Michael P. Judge, Public Defender (Los Angeles), Albert J. Menaster and Robert Hill, Deputy Public Defenders, for Los Angeles County Public Defender as Amicus Curiae on behalf of Petitioner.

Linda F. Robertson for California Public Defenders Association as Amicus Curiae on behalf of Petitioner.

Kevin Bringuel, Joseph Trigilio and Cristina Bordé for Habeas Corpus Resource Center as Amicus Curiae on behalf of 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 and Michael P. Farrell, Assistant Attorneys General, Ward A. Campbell and Eric L. Christoffersen, Deputy Attorneys General, for Real Party in Interest.

Kent S. Scheidegger and L. Douglas Pipes for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Real Party in Interest.

W. Scott Thorpe; Doug MacMaster, Deputy District Attorney (Contra Costa) and Laura Tanney, Deputy District Attorney (Contra Costa) for California District Attorneys Association as Amicus Curiae on behalf of Real Party in Interest.


OPINION

CHIN, J.

Petitioner Lee Max Barnett is under a judgment of death. He filed in the superior court a motion for postconviction discovery under Penal Code section 1054.9 (section 1054.9). We granted review to decide important issues regarding that section. We reach the following conclusions:

(1) Because section 1054.9 provides only for specific discovery and not the proverbial "fishing expedition" for anything that might exist, defendants seeking...

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