People v. SUPERIOR COURT (MITCHELL)

Opinion

ASHMANN-GERST, J.

In the underlying murder case against Thomas Jerome Mitchell (Mitchell), the trial court excluded multiple prosecution witnesses, dog scent evidence and gunshot residue evidence as a sanction for the People’s failure to provide discovery. By way of writ petition, the People contend that the trial court exceeded its jurisdiction under Penal Code section 1054.5, subdivision (c) 1 because it was required to exhaust less drastic sanctions first. 2 We agree and grant the petition.

FACTS

In 2006, Mitchell was charged with the murder of Nicole Kaster (Kaster) for the benefit of…