California Criminal Lawyer Blog

Because prosecution did not fully utilize Penal Code section 1334 et seq. (Uniform Act to Secure the Attendance of Witnesses from without the States in Criminal Cases) by requesting that witness be taken into custody even thought the witness had made it clear she would not appear it did not show due diligence and San Diego Judge John S. Einhorn erred in allowing the government to introduce testimony.

California Code of Civil Procedure section 1219, subdivision (b), which restricts the court's power to use incarceration to compel testimony of a sexual assault victim does not affect the court's power to order that an alleged victim of a sexual assault be brought before it or seek that the witness be taken into custody.

People v. Cogswell (C.A. 4th, 10/31/07, D049038) 07 C.D.O.S. 12668

Posted by Mary Frances Prevost | Permalink | Email This Post

Posted In: California Cases , Discovery , Evidence , In The News , Judicial Misconduct Cases

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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.

Continue reading "CALIFORNIA CRIMINAL DEFENSE ATTORNEYS MAY FILE SEALED DECLARATIONS IN PITCHESS DISCOVERY MOTIONS" »

Posted by Mary Frances Prevost | Permalink | Email This Post

Posted In: Bad Cop - No Donut , California Cases , Discovery , Pitchess , Police Misconduct Cases

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