CALIFORNIA CRIMINAL LAW: PITCHESS CAN PROPERLY BE DENIED WHEN IT'S UNDISPUTED THAT THE DEFENDANT
Here is a new Pitchess case from the California Court of Appeal.
The police claimed that the defendnat evaded them and tried to back his truck into their motorcycles. Now here's the key point; the defendant admitted this on tape to the police. The
defense ran a Pitchess motion, claiming that the police report was false and the defendant didn't try to run the police over. Pitchess discovery
denied. Affirmed.
The Court says that there are limits to Pitchess discovery, by George, and you can't get discovery when the defendant himself admitted to the police that he did it. Claims by the police
that the defendant admitted guilt are always problematic, as this case illustrates. If that's the claim in your case, you MUST address that claim. The Court stresses that the police claim that the defendant confessed was undisputed.
So dispute it. You MUST dispute it, if you can in good faith, by denying it. Or you're gonna lose. As this defendant did.
People v. Galan; 2009 DJ DAR 14501; DJ, 10/7/09; C/A 2nd, Div. 6
california police miscondcut, california pitchess, police miscondcut, san diego criminal defense, california criminal defense, san diego criminal defense attorney mary Frances Prevost, California criminal defense attorney mary Frances Prevost, California evidence, California criminal defense attorney, california criminal defense lawyer, san diego criminal defense attorney, california criminal defense lawyer
