What is the proper remedy in a motion for in camera review of confidential personnel records?

California, United States of America


The following excerpt is from People v. Arendt, A148697 (Cal. App. 2018):

"As the Gaines court explained, the proper remedy 'is not outright reversal, but a conditional reversal with directions to review the requested documents in chambers on remand.' ([Gaines, supra, 46 Cal.4th] at p. 180.) 'After reviewing the confidential materials in chambers, the trial court may determine that the requested personnel records contain no relevant information.' (Id. at p. 181.) If so, the trial court shall reinstate the judgment. (Ibid.) Even if the in camera review reveals relevant information, reversal is not necessarily required. The defendant 'must also demonstrate a reasonable probability of a different outcome had the evidence been disclosed.' (Id. at p. 182.) If the defendant does demonstrate such a probability, the court must order a new trial; if he does not, the judgment shall be reinstated. ([Id.] at pp. 181-182.)" (People v. Moreno, supra, 192 Cal.App.4th at p. 703, fn. omitted.)

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