P. v. Superior Court (Carey) CA2/8
Penal Code section 1054.9 enables a habeas corpus petitioner sentenced to death or life imprisonment without parole to obtain discovery of materials to which he or she “would have been entitled at time of trial.” (Pen. Code, § 1054.9, subd. (b).) This includes “materials that the prosecution would have been obligated to provide had there been a specific defense request at trial, but was not actually obligated to provide because no such request was made.” (In re Steele (2004) 32 Cal.4th 682, 696 (Steele).)
Habeas petitioner and real party in interest Dewayne Michael Carey was convicted of first degree murder and sentenced to death in 1996; his conviction and sentence were affirmed on direct appeal in 2007. A habeas corpus petition is pending in the California Supreme Court, and he filed a motion in the trial court pursuant to section 1054.9 to obtain discovery of the prosecutor’s notes taken during jury selection. He seeks the notes to support his claim that his tria
Comments on P. v. Superior Court (Carey) CA2/8