Moises Galindo, Petitioner v. the Superior Court of Los Angeles County, Respondent; City of Los Angeles Police…

Summary

The California Supreme Court held that a criminal defendant may file a Pitchess discovery motion before a preliminary hearing, but the motion does not automatically require postponement of that hearing over the prosecution's objection. Because the requested discovery was sought to develop potential impeachment evidence, would likely require a continuance, and was unlikely to defeat probable cause in light of other eyewitness evidence, the magistrate did not abuse his discretion in denying the motion without prejudice. Justice Werdegar, concurring, agreed with the result but would characterize the governing inquiry as a discretionary balance between speedy-hearing rights and the defendant's right to a fair opportunity to present impeachment evidence.