P. v. Roark CA3
Defendant Robert Lee Roark II was convicted of bringing a controlled substance into county jail, possession of that substance, resisting a peace officer, and disturbing the peace. On appeal, he contends the trial court prejudicially erred (1) by declining to conduct an in camera review as requested in defendant’s motion to compel discovery of the arresting officer’s personnel records, and (2) by denying his motion for a new trial premised on an asserted showing of ineffective assistance of counsel. We conclude counsel did not render ineffective assistance, but we agree the trial court erred in declining to conduct an in camera review of the arresting officer’s personnel records. Therefore, we conditionally reverse the judgment for the purpose of conducting a discovery hearing in camera.
Comments on P. v. Roark CA3