On Monday morning the Supreme Court will file its opinion in People v. Superior Court (Johnson), a case that concerns the intersection of the prosecution’s duty to disclose exculpatory evidence and the requirement of a hearing about whether a police officer’s personnel file must remain confidential.
Johnson, which was argued on the late-May calendar, raises these issues: (1) Does the prosecution have a duty to review peace officer personnel files to locate material that must be disclosed to the defense under Brady v. Maryland (1963) 373 U.S. 83? (2) Does the prosecution have a right to access those files absent a motion under Pitchess v. Superior Court (1974) 11 Cal.3d 531? (3) Must the prosecution file a Pitchess motion in order to disclose such Brady material to the defense? The court also ordered briefing on this issue: Would the prosecution’s obligation under Brady v. Maryland (1963) 373 U.S. 83 (Brady) and its progeny be satisfied if it simply informs the defense of what the police department has informed it (that the two officers’ personnel files might contain Brady material), which would allow the defense to decide for itself whether to seek discovery of that material pursuant to statutory procedures? (See People v. Gutierrez (2003) 112 Cal.App.4th 1463, 1475.)
This is the case in which the Supreme Court specifically extended an invitation to the superior court to participate in the oral argument. The invitation was accepted.
The opinion can be viewed Monday starting at 10:00 a.m.
