California Supreme Court

The People, Petitioner v. the Superior Court of San Bernardino County, Respondent; Johnny Morales, Real Party In…

February 16, 2017213 Cal. Rptr. 3d 581

Summary

The court held that a superior court retains jurisdiction to entertain a condemned inmate's motion to preserve evidence potentially discoverable under Penal Code section 1054.9, even while the underlying capital judgment is on automatic appeal. That authority derives from the court's statutory postconviction-discovery jurisdiction and inherent power to protect that jurisdiction, but it is limited to materials within the statute's scope. The court reversed the Court of Appeal and remanded for an appropriately narrowed preservation order.