If on remand the court finds that relevant information exists and should be disclosed, what are the implications of that finding?

California, United States of America


The following excerpt is from People v. Jackson, B256011 (Cal. App. 2016):

If on remand the court decides "that relevant information exists and should be disclosed," it "'must order disclosure, allow [appellants] an opportunity to demonstrate prejudice, and order a new trial if there is a reasonable probability the outcome would have been different had the information been disclosed.'" (People v. Gaines (2009) 46 Cal.4th 172, 181.) If the trial court again '"finds there are no discoverable records, or that there is discoverable information but [appellants] cannot establish that [they were] prejudiced by the denial of discovery, the judgment[s] shall be reinstated as of that date. [Citation.]' [Citation.]" (People v. Wycoff (2008) 164 Cal.App.4th 410, 416.)

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