Blumberg v. Superior Court

Opinion

KUMAR, J.* I. INTRODUCTION

The issue presented in this case is as follows: If a defendant obtains a new trial by way of appellate or habeas corpus relief, does the trial court have discretion to order discovery of peace officer records, pursuant to Evidence Code section 1043 and Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305], related to events that occurred after the date of the original conviction?[1] We conclude the law does not categorically preclude such discovery. Rather, the trial court is vested with discretion to order disclosure of records related to events that occurred during this period of time.

[1248]Because the trial court mistakenly believed it had no discretion to order said discovery, the writ is granted and the matter is remanded for the trial court to (a) exercise its discretion to include or exclude the period of time that postdates the original conviction, and (b) conduct any in camera review of police records as it deems necessary.

II. DISCUSSION

The parties do not dispute the procedural background. In 1998, petitioner was convicted of several felony offenses. In 2010, after exhausting state court remedies, a federal district court granted petitioner habeas corpus relief and his case was returned to the superior court for a new trial.

Petitioner subsequently appeared in superior court and, in anticipation of a second trial, filed a motion pursuant to section 1043, for the discovery of police personnel records from the date of the arrest to the date the motion was heard. The court granted the motion in part—it ruled records regarding dishonesty, false reporting, and fabrication were discoverable but limited the timeframe of the complaints to be between the date of the arrest and five years prior to that date. The trial court limited the timeframe because “[section 1045, subdivision (b)(1)] limits the disclosure to five years before the incident.” As additional support for its ruling, the trial court relied on People v. Breaux (1991) 1 Cal.4th 281, 310-312 [3 Cal.Rptr.2d 81, 821 P.2d 585]. The trial court was mistaken.