Burks v. Superior Court
Penal Code section 1054.9 permits persons subject to the death penalty or life imprisonment without the possibility of parole to file a motion for postconviction discovery to assist in the preparation of a writ of habeas corpus. (Unspecified section references that follow are to the Penal Code.) Citing this statute and Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), petitioner Jeffrey Milo Burks sought to file such a motion to obtain investigative reports involving two correctional officers who testified against him at trial. The trial court concluded that petitioner ultimately would not be entitled to habeas relief and therefore refused to permit petitioner to file his Pitchess motion. Petitioner seeks a writ of mandate to compel the trial court to permit the filing and consideration of his motion. Court grant the requested relief.
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