Lee Max Barnett, Petitioner v. the Superior Court of Butte County, Respondent; the People, Real — Werdegar, J…

Summary

Justice Werdegar dissented from the majority’s interpretation of the postconviction discovery statute. She would not require a defendant to prove that specific undisclosed materials exist before requesting materials to which the defendant would have been entitled at trial, and she would treat information gathered by out-of-state agencies at the prosecutor’s request as reasonably accessible to the prosecution. She maintained that the majority’s approach substantially diminished the statutory right and could shield negligent or intentional nondisclosure.