McGinnis v. Superior Court of Alameda County

Opinion

POLLAK, Acting P. J.

Penal Code 1 section 1054.9 authorizes postconviction discovery of prosecutorial documents in order to prepare a writ of habeas corpus for an inmate sentenced to death or life imprisonment, but requires the cost of copying those documents to be “borne or reimbursed by the defendant.” Pursuant to a directive from the California Supreme Court, we here determine whether a motion for postconviction discovery may be denied solely due to a defendant’s inability to pay in advance for copies of the discovery materials. As we shall explain, such discovery may not be denied…