Shorts v. Superior Court of L. A. Cnty.
California Court of Appeal, 5th District
1Opinion of the CourtPerluss, P.J.
*714Penal Code section 1054.91 establishes a mechanism for postconviction discovery of materials "in the possession of the prosecution and law enforcement authorities to which the same defendant would have been entitled at time of trial" in cases in which a sentence of death or life in prison without the possibility of parole has been imposed. In People v. Superior Court (Morales ) (2017) 2 Cal.5th 523, 213 Cal.Rptr.3d 581, 388 P.3d 811 ( Morales ) the Supreme Court held the superior court has jurisdiction pursuant to Code of Civil Procedure section 187 to grant a motion to preserve evidence…
2Cases cited25 opinions
- Hurtado v. Superior CourtCalifornia Supreme Court · 1974
- Babb v. Superior CourtCalifornia Supreme Court · 1971
- Coalition of Concerned Communities, Inc. v. City of Los AngelesCalifornia Supreme Court · 2004
- People v. BirkettCalifornia Supreme Court · 1999
- People v. PruntyCalifornia Supreme Court · 2015
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3Cited by3 opinions
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- 1550 Laurel Owner's Assn., Inc. v. App. Div. of Superior CourtCalifornia Court of Appeal · 2018
- In re R.C.California Court of Appeal · 2019