Griffin v. Municipal Court

Opinion

TOBRINER, J.

We face here the narrow question whether the instant criminal defendants 1 may obtain a discovery order directing the prosecutor to produce information relevant to defendants’ claim that a certain penal statute is being discriminatorily enforced against them. We conclude that under our decision in Murgia v. Municipal Court (1975) 15 Cal.3d 286 [124 Cal.Rptr. 204, 540 P.2d 44], defendants; having made a prima facie showing of their claim of discriminatory enforcement, are entitled to pursue discovery with respect to their defense.

Defendants Griffin and Pounds are former…