Is a motion for discovery of police records addressed solely to the trial court?

California, United States of America

The following excerpt is from People v. Aguilar, E054955 (Cal. App. 2013):

A motion for discovery of police officer records is addressed solely to the discretion of the trial court, and we review the trial court's ruling under the deferential abuse of discretion standard. (Alford v. Superior Court (2003) 29 Cal.4th 1033, 1039.)
An accused is generally entitled to discover all relevant and material information in the possession of the prosecution that will aid him in the preparation of a defense. (Hinojosa v. Superior Court (1976) 55 Cal.App.3d 692, 696.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)

Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)

Can we independently examine the record made by the trial court in denying a defendant's motion for disclosure of police personnel records? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

What are the findings of the trial court on a motion for a new trial where a jury was not adversely affected by an audio recording that was secretly recorded during jury deliberations? (California, United States of America)

Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)

On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)

In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (California, United States of America)

On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)

Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

Is a motion for discovery of police records addressed solely to the trial court?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources