CATLIN v. SUPERIOR COURT

No. S167148.

51 Cal.4th 300 (2011)

STEVEN DAVID CATLIN, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

January 27, 2011.


Attorney(s) appearing for the Case

J. Wilder Lee , under appointment by the Supreme Court, for Petitioner.

Cristina Bordé for Habeas Corpus Resource Center as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, George Hendrickson , Ward A. Campbell and Stephen G. Herndon , Deputy Attorneys General, for Real Party in Interest.


OPINION

KENNARD, Acting C. J.

After petitioner Steven David Catlin was sentenced to death, the Legislature enacted Penal Code section 1054.9.1 That statute permits a defendant who has been sentenced either to death or to life imprisonment without parole to obtain discovery of "materials . . . to which the . . . defendant would have been entitled at time of trial" (§ 1054.9, subd. (b)) if the defendant...

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