Shorts v. Superior Court

Petitioner sought a writ of mandate asking the Court of Appeal to define more precisely the permissible scope of record preservation in capital cases. The court agreed with petitioner that he was entitled to an order preserving potentially discoverable materials in the possession of the prosecution and law enforcement authorities relating to all crimes discussed during his trial, whether at the guilt or penalty phase. Therefore, the trial court's failure to order preservation of those materials was an abuse of its discretion. The court held, however, that only material potentially discoverable under Penal Code section 1054.9 is properly subject to a preservation order. Therefore, the court granted the petition for a writ of mandate in part and directed the superior court to enter a new order granting those portions of petitioner's motion that sought to preserve potentially discoverable materials in the possession of the prosecution and law enforcement authorities relating to all prior crimes and alleged prior criminal conduct that were the subject of evidence introduced by the prosecutor at the guilt and penalty phases of his capital trial, including offenses identified in the People's notice of evidence in aggravation. View "Shorts v. Superior Court" on Justia Law