California Supreme Court Watch

Oct 16, 2017
#17-295 Association for Los Angeles Deputy Sheriffs v. Superior Court, S243855. (B280676; 13 Cal.App.5th 413; Los Angeles County Superior Court; BS166063.)

#17-295 Association for Los Angeles Deputy Sheriffs v. Superior Court, S243855. (B280676; 13 Cal.App.5th 413; Los Angeles County Superior Court; BS166063.) Petition for review after the Court of Appeal granted in part and denied in part a petition for writ of peremptory mandate. The court directed the parties to 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; People v. Superior Court (Johnson) (2015) 61 Cal.4th 696; Pitchess v. Superior Court (1974) 11 Cal.3d 531; Pen. Code, §§ 832.7-832.8; Evid. Code, §§ 1043-1045.)

Review granted; issues limited: 10/11/2017

See the California Court of Appeal opinion.