People v. Broome

Opinion

SPARKS, J.

The People appeal from an order dismissing this action for their failure to comply with a discovery order. (Pen. Code. § 1238, subd. (a)(8).) The Attorney General argues, in echo of the district attorney below, that the United States Supreme Court decision of Franks v. Delaware (1978) 438 U.S. 154 [57 L.Ed.2d 667, 98 S.Ct. 2674] governing traversal of search warrants under federal constitutional law somehow limits a defendant’s right to discovery. The claim is that when the discovery is aimed at determining whether an affiant made misrepresentations in an application for a…