Is a criminal defendant entitled to discovery of confidential personnel records of a peace officer accused of misconduct against the officer?

A criminal defendant is entitled to discovery of relevant documents or information in the confidential personnel records of a peace officer accused of misconduct against the defendant upon a showing of good cause. (Evid. Code, 1043, subd. (b)(3).) Good cause for discovery exists when the defendant shows both "'materiality' to the subject matter of the pending litigation and a 'reasonable belief that the agency has the type of information sought." (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 84.) A defendant is entitled to discover relevant information under Pitchess even in the absence of any judicial determination that the potential defense is credible or persuasive. (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, 1026 (Warrick).)

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