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Keywords

defendantdiscoveryhearingtrialaffidavitmotionrespondentrelevance

defendantdiscoveryprecedentaffidavitmotioncondition precedent

Related Cases

Bianka M v. Superior Court of Los Angeles County

Facts

Petitioner was arrested for possession of PCP under Cal. Welf. & Inst. Code 11377. He filed a discovery motion seeking information about citizen complaints against the two police officers who arrested him, specifically complaints alleging that the officers had planted contraband. The trial court ruled that petitioner had not made a sufficient showing to compel discovery and denied his request for an in camera hearing, leading to the petition for a writ of mandate.

Petitioner was arrested for possession of PCP under Cal. Welf. & Inst. Code 11377. Petitioner filed a discovery motion which sought information relating to citizen complaints against the two police officers who arrested petitioner.

Issue

Whether a minor requesting discovery is entitled to an in camera hearing to disclose his defense in order to demonstrate the relevance of the materials sought.

The question is not whether petitioner is going to be forced to reveal his defense as a condition precedent to obtaining discovery. He has already revealed it.

Rule

In a proper case and on a proper and substantial showing by way of detailed affidavit in which the defendant commits himself under oath to a particular assertion of fact, it is conceivable that the material sought might be discoverable.

In a proper case and on a proper and substantial showing by way of detailed affidavit in which defendant commits himself under oath to a particular assertion of fact, it is conceivable the material sought might be discoverable.

Analysis

The court determined that the petitioner had effectively disclosed his potential defense when he filed his discovery motion, which claimed that the contraband was planted. The court held that requiring the petitioner to commit to a specific assertion of fact under oath before the state could be compelled to disclose the information was unnecessary, as the prosecution was already aware of the defense.

The question is whether defendant has to 'commit himself under oath to a particular assertion of fact' before the People may be compelled to disclose the contents of confidential personnel files.

Conclusion

The court denied the petitioner's peremptory writ of mandate, concluding that the petitioner had already disclosed his potential defense through his discovery motion.

The alternative writ is discharged. The peremptory writ is denied.

Who won?

The respondent, Superior Court of Los Angeles County, prevailed because the court found that the petitioner had not made a sufficient showing to compel discovery.

The court ruled that petitioner had not made a sufficient showing to compel discovery.

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