Catlin v. Superior Court

Opinion

KENNARD, Acting C. J.

After petitioner Steven David Catlin was sentenced to death, the Legislature enacted Penal Code section 1054.9. That statute permits a defendant who has been sentenced either to death or to life imprisonment without parole to obtain discovery of “materials ... to which the . . . defendant would have been entitled at time of trial” (§ 1054.9, subd. (b)) if the defendant shows that good faith efforts to obtain such materials from trial counsel were unsuccessful. Four and one-half years after the law’s passage, petitioner sought discovery under its provisions. The…