Volpe v. Super. Ct.
In this misdemeanor criminal action, defendant Erica K. Volpe petitions for a writ of mandate directing respondent Appellate Division of the San Diego County Superior Court (the appellate division) to vacate its October 30, 2007 order denying her petition for a writ of mandate in that court, and to enter a new order granting her petition. Essentially, Volpe had sought mandamus relief in the appellate division to direct the trial court to set aside its order denying her hybrid Pitchess/Brady motion for review of a police officer's records, and to enter a new ruling granting her requested discovery.
Although defense counsel's presentation was marginal, we will conclude the trial court abused its discretion in failing to find materiality and good cause for some of the information sought under the hybrid Pitchess/Brady motion in this case. Accordingly, Court grant the petition, ordering the appellate division to set aside its October 30, 2007 order, and to enter a new order granting the petition and directing the trial court to conduct an in camera review of the officer's personnel files in accordance with the views expressed in this opinion to ascertain whether they contain information required to be disclosed to Volpe under Brady, supra, 373 U.S. 83.
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