What is the proper remedy for a failure to produce a good cause for a Pitchess motion?
California, United States of America
The following excerpt is from The People v. Harris, B215800, No. BA338541 (Cal. App. 2010):
When a trial court errs in rejecting a showing of good cause for a Pitchess motion and has not reviewed the requested records in camera, the proper remedy is a conditional reversal and remand to permit the trial court to review the requested documents and to issue a discovery order, if warranted. (People v. Gaines, supra, 46 Cal.4th at pp. 180-181.) If, after such a review, the trial court determines that the requested personnel records contain no relevant information, then the trial court is to reinstate the judgment.
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