In Re Steele

Opinion

CHIN, J.

Petitioner Raymond Edward Steele is under a judgment of death. He has filed in this court a motion for postconviction discovery pursuant to recently enacted Penal Code section 1054.9 (section 1054.9). We issued an order to show cause to resolve important procedural and substantive issues regarding that section.

Procedurally, we conclude that those who seek discovery under section 1054.9 because they are preparing to file or have filed a petition for writ of habeas corpus challenging a judgment of death or life without the possibility of parole should generally first make the…