PEOPLE v. SUPERIOR COURT (SAN FRANCISCO)

No. A140767, No. A140768.

228 Cal.App.4th 1046 (2014)

176 Cal. Rptr. 3d 340

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent, DARYL LEE JOHNSON, Real Party in Interest. CITY AND COUNTY OF SAN FRANCISCO ex rel. THE SAN FRANCISCO POLICE DEPARTMENT, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent, THE PEOPLE et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Five.

August 11, 2014.


Attorney(s) appearing for the Case

George Gascón , District Attorney, Jerry P. Coleman , Laura vanMunching and Allison G. MacBeth , Assistant District Attorneys, for Petitioner and Real Party in Interest the People.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan and Seth K. Schalit , Deputy Attorneys General, for California Attorney General as Amicus Curiae on behalf of Petitioner and Real Party in Interest the People.

Gregory D. Totten , District Attorney (Ventura County) and Michael D. Schwartz , Assistant District Attorney as Amicus Curiae on behalf of Petitioner and Real Party in Interest the People.

Rains Lucia Stern and Michael L. Rains for Peace Officers' Research Association of California (PORAC), The PORAC Legal Defense Fund and The San Francisco Police Officers' Association as Amici Curiae on behalf of Petitioner and Real Party in Interest the People.

Nancy E. O'Malley , District Attorney (Alameda County) and Jeff Rubin , Deputy District Attorney, for Appellate Committee of the California District Attorneys Association as Amicus Curiae on behalf of Petitioner and Real Party in Interest the People.

Jeffrey F. Rosen , District Attorney (Santa Clara) and David A. Angel , Assistant District Attorney as Amicus Curiae on behalf of Petitioner and Real Party in Interest the People.

Dennis J. Herrera , City Attorney, and Christine Van Aken , Deputy City Attorney, for Petitioner City and County of San Francisco.

Nina D. Sariaslani for Petitioner San Francisco Police Department.

Sedgwick and Michael L. Fox for Respondent.

Jeff Adachi , Public Defender, Matt Gonzalez , Chief Attorney, and Christopher Gauger , Deputy Public Defender, for Real Party in Interest Daryl Lee Johnson.


OPINION

SIMONS, Acting P.J.

This case presents an issue of first impression: In fulfilling its federal constitutional duty to disclose exculpatory evidence to a criminal defendant under Brady v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215, 83 S.Ct. 1194] (Brady), is the prosecution entitled to direct access to peace officer personnel files? In this consolidated writ proceeding, petitioners...

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