Legal Opinion

Schaffer v. Superior Court

California Court of Appeal

Decided June 23, 2010No. B217743PublishedCited by 9 opinions

1Opinion of the Court

Opinion

COFFEE, J.

Penal Code section 1054.1 requires the prosecution to disclose certain types of evidence and information to the defendant or to his or her attorney. Here, a defendant who has retained counsel demands that the prosecution furnish him copies of these discoverable items free of charge. We conclude that section 1054.1 imposes no such duty on the prosecution. The People comply with section 1054.1 by affording the defendant an opportunity to examine, inspect, or copy the discoverable items. A nonindigent defendant may receive at his or her own expense copies of discovery made…

2Cases cited17 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Weatherford v. BurseySupreme Court of the United States · 1977
  3. Gray v. NetherlandSupreme Court of the United States · 1996
  4. People v. DoolinCalifornia Supreme Court · 2009
  5. District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009

12 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. ZaragozaCalifornia Supreme Court · 2016
  2. People v. VerduzcoCalifornia Court of Appeal · 2012
  3. People v. PolkCalifornia Court of Appeal · 2010
  4. People v. ShrierCalifornia Court of Appeal · 2010
  5. Rubio v. Superior CourtCalifornia Court of Appeal · 2016

4 more not listed; retrieve them via the Exa API.

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