California, United States of America
The following excerpt is from Burks v. Superior Court of Sacramento County, C056663 (Cal. App. 12/1/2008), C056663. (Cal. App. 2008):
Here, however, the trial court did not reach this level of analysis to determine what information, if any, was properly discoverable. Instead, the court refused to permit petitioner to even file his motion. In making this ruling, the court relied on Hurd v. Superior Court (2006) 144 Cal.App.4th 1100, a case in which the court found that the items being sought in discovery were not material because the claims to be made in the proposed habeas corpus petition simply restated claims rejected on appeal. (Id. at p. 1112.) These claims would not be cognizable on habeas corpus and therefore discovery was denied.
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