California Supreme Court,
Constitutional Law,
Criminal,
U.S. Supreme Court
Dec. 23, 2014
Brady v. Pitchess: real conflict or fairy tale?
Which branch - the judicial or executive - should be responsible for protecting a criminal defendant's right to obtain otherwise privileged evidence that is material to his defense?
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
The question the California Supreme Court will take up in People v. Super. Ct. (Johnson), 228 Cal. App. 4th 1046 (2014), review granted, S221296, is the legal equivalent of an onion (or, if you prefer, parfait). It has layers, and its innermost layer touches on a fundamental question involving the separation of powers: Which branch - the judicial or executive - should be responsible for protecting a criminal defendant's right to obtain otherwise privileged evidence that is ...
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