What documents are sufficient for appellate review of a decision not to disclose in a Pitchess proceeding?

California, United States of America


The following excerpt is from People v. Townsel, 201 Cal.Rptr.3d 19, 368 P.3d 569, 63 Cal.4th 25 (Cal. 2016):

obtain appellate review of the trial court's decision, whether to disclose or not to disclose, would be nonexistent." (See People v. Myles (2012) 53 Cal.4th 1181, 1209, 139 Cal.Rptr.3d 786, 274 P.3d 413 [where the trial court stated for the record what documents it examined in making its Pitchess ruling, the record was sufficient for appellate review].)

We have recognized that reversal may be indicated when " "critical evidence or a substantial part of a [record] is irretrievably lost or destroyed, and there is no alternative way to provide an adequate record so that the appellate court may pass upon the question sought to be raised." " (People v. Galland (2008) 45 Cal.4th 354, 370, 86 Cal.Rptr.3d 841, 197 P.3d 736.) In defendant's view, this case presents such a scenario; that is, he contends, the absence of the Pitchess materials from the record deprives him of meaningful appellate review of the trial court's Pitchess ruling and dictates reversal of the penalty judgment.

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