Ass'n for L. A. Deputy Sheriffs v. South Carolina

California Supreme Court

Ass'n for L. A. Deputy Sheriffs v. South Carolina

403 P.3d 144, 223 Cal. Rptr. 3d 490

CourtCalifornia Supreme Court

DecidedOctober 11, 2017

DocketS243855

StatusPublished

Cited by1 cases

This text of 403 P.3d 144 (Ass'n for L. A. Deputy Sheriffs v. South Carolina) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ass'n for L. A. Deputy Sheriffs v. South Carolina, 403 P.3d 144, 223 Cal. Rptr. 3d 490 (Cal. 2017).

Pincite

Opinion

The petition for review is granted. The parties will brief the following issue: When a law enforcement agency creates an internal Brady list (see Gov. Code, § 3305.5 ), and a peace officer on that list is a potential witness in a pending criminal prosecution, may the agency disclose to the prosecution (a) the name and identifying number of the officer and (b) that the officer may have relevant exonerating or impeaching material in his or her confidential personnel file, or can such disclosure be made only by court order on a properly filed Pitchess motion? (See Brady v. Maryland (1963) 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 ; People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, 206 Cal.Rptr.3d 606, 377 P.3d 847 ; Pitchess v. Superior Court (1974) 11 Cal.3d 531, 113 Cal.Rptr. 897, 522 P.2d 305 ; Pen. Code, §§ 832.7 - 832.8 ; Evid. Code, §§ 1043 - 1045.)

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The petition for review is granted. The parties will brief the following issue: When a law enforcement agency creates an internal Brady list (see Gov. Code, § 3305.5 ), and a peace officer on that list is a potential witness in a pending criminal prosecution, may the agency disclose to the prosecution (a) the name and identifying number of the officer and (b) that the officer may have relevant exonerating or impeaching material in his or her confidential personnel file, or can such disclosure be made only by court order on a properly filed Pitchess motion? (See Brady v. Maryland (1963) 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 ; People v. Superior Court (Johnson) (2015) 61 Cal.4th 696, 206 Cal.Rptr.3d 606, 377 P.3d 847 ; Pitchess v. Superior Court (1974) 11 Cal.3d 531, 113 Cal.Rptr. 897, 522 P.2d 305 ; Pen. Code, §§ 832.7 - 832.8 ; Evid. Code, §§ 1043 - 1045.)

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Bluebook (online)

403 P.3d 144, 223 Cal. Rptr. 3d 490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/assn-for-l-a-deputy-sheriffs-v-south-carolina-cal-2017.

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