Legal Opinion
Kennedy v. Superior Court
California Court of Appeal
Decided November 30, 2006No. C052243PublishedCited by 18 opinions
1Opinion of the Court
Opinion
ROBIE, J.
Penal Code 1 section 1054.9 allows persons subject to a sentence of death or life in prison without the possibility of parole to file a motion for postconviction discovery to assist in seeking a writ of habeas corpus or an order vacating the judgment. Such a motion is at issue here. Specifically, petitioner Jerry Noble Kennedy seeks a writ of mandate commanding the trial court to fully grant 35 discovery requests the trial court denied in whole or in part.
We conclude Kennedy is not entitled to the relief he seeks. As we will explain, in seeking a discovery order under section…
2Cases cited16 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- Kyles v. WhitleySupreme Court of the United States · 1995
- Denham v. Superior CourtCalifornia Supreme Court · 1970
- People v. AyalaCalifornia Supreme Court · 2000
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- J.E. v. Superior CourtCalifornia Court of Appeal · 2014
- People v. DavisCalifornia Court of Appeal · 2014
- People v. AshrafCalifornia Court of Appeal · 2007
- People v. LewisCalifornia Court of Appeal · 2015
- People v. Superior Court, California Court of Appeal, 5th District2019
13 more not listed; retrieve them via the Exa API.