P. v. Taylor
Brent Taylor appeals his conviction for one count of driving or taking of a vehicle, in violation of Penal Code section 10851. Before this court, appellant asserts the trial court erred in: (1) denying his motion for a mistrial based on the prosecutors failure to disclose a witness statement prior to the witness testifying at trial; and (2) denying his motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531, 535 to discover evidence of complaints of misconduct involving one of the officers who arrested him. Any error with respect to the disclosure of evidence was adequately remedied by the courts admonition to the jury to disregard the evidence and the order striking it. In addition, Taylor has not demonstrated the circumstances surrounding presentation of this evidence or the courts efforts to cure any harm deprived him of a fair trial. Finally, he has not shown he suffered prejudice as a result. With respect to the Pitchess motion, however, the court erred in denying Taylors request for the discovery of police officer records. As Court explain, the information Taylor presented in support of the motion demonstrated the discovery sought could be material to his defense to the charges. Consequently, Court reverse for the court to conduct an in camerahearing pursuant to Pitchess.
Comments on P. v. Taylor