CALIFORNIA CRIMINAL DEFENSE ATTORNEYS MAY FILE SEALED DECLARATIONS IN PITCHESS DISCOVERY MOTIONS
CALIFORNIA CRIMINAL DEFENSE LAWYER NEWS
This is a long awaited win by Orange County Deputy Public Defender Don Landis in which the Supreme Court agreed that defense attorneys are entitled to file Pitchess (11 Cal.3d 531) declarations under seal. California criminal defense attorneys have been waiting with baited breath for this decision.
The court restates Warrick (35 Cal.4th 1011) stating the showing is sufficient if defense counsel articulates that the police misconduct might or could have occurred. The
court says that in light of Warrick, defense counsel won't need to disclose
privileged information. All defense counsel has to do is to simply deny the events claimed by the police.
This greatly aids defense attorneys in our efforts to prevail on Pitchess motions because the courts now are reiterating just how minimal our showing needs to be. If defense counsel decides to disclose privileged information, it can be filed it under seal and
then the court rules on it. The court disapproves Davenport (96 CA4th 255),
and rules that the City Attorney, representing the police officer, is NOT
to get an unredacted copy of the affidavit.
Thisa is a long-awaited and much needed win for California criminal defense lawyers.
Garcia v. Superior Court; 2007 DJ DAR; DJ, 8/10/07; Cal. Supreme Court.
San Diego Police Misconduct, San Diego Criminal Defense Lawyer, San Diego Criminal Defense Attorney,
