What is the test for an independent review of in camera records of an in camera proceeding?

California, United States of America


The following excerpt is from People v. Lee, C086290 (Cal. App. 2019):

Defendant asks this court to conduct an independent review of the sealed records of this in camera proceeding. (See People v. Mooc (2001) 26 Cal.4th 1216, 1228, 1232.) The People do not oppose the request.

If a defendant makes "a showing of good cause, the custodian of records should bring to court all documents 'potentially relevant' to the defendant's motion." (People v. Mooc, supra, 26 Cal.4th at p. 1226.) "The trial court 'shall examine the information in chambers' [citation] 'out of the presence and hearing of all persons except the person authorized [to possess the records] and such other persons [the custodian of records] is willing to have present' [citations]." (Ibid.; see Evid. Code, 915, subd. (b), 1045, subd. (b).) Thus, "both Pitchess and the statutory scheme codifying Pitchess require the intervention of a neutral trial judge, who examines the personnel records in camera, away from the eyes of either party, and orders disclosed to the defendant only those records that are found both relevant and otherwise in compliance with statutory limitations." (People v. Mooc, supra, at p. 1227.)

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