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Superior Court has jurisdiction to order preservation of evidence in a capital case

February 16, 2017 Comments off

Superior Court has jurisdiction to order preservation of evidence in a capital case

Here we address whether a superior court has jurisdiction to grant a motion to preserve evidence relating to a capital case then pending review on automatic appeal to this court.  We conclude it does, limited to evidence potentially discoverable under Penal Code section 1054.9, which establishes a mechanism for postconviction discovery.

People v. Superior Court (Morales)

S228642

http://www.courts.ca.gov/opinions/documents/S228642.PDF