California Supreme Court
Moises Galindo, Petitioner v. the Superior Court of Los Angeles County, Respondent; City of Los — Werdegar, J…
July 22, 201050 Cal. 4th 1
Summary
The concurrence agrees that the magistrate did not abuse his discretion by denying petitioner’s prehearing request for Pitchess discovery without prejudice to renewal before trial. It reasons that the decision requires balancing the defendant’s fair-hearing and impeachment rights against the need for a prompt preliminary hearing, and that the potential delay, available alternative impeachment evidence, and ability to renew the request before trial supported the denial. The concurrence clarifies that prehearing Pitchess discovery is not categorically barred and that information obtained through that process may be admissible at the preliminary hearing.