What is the test for determining whether or not to order disclosure of personnel records?

California, United States of America


The following excerpt is from People v. Sellers, F064145 (Cal. App. 2014):

We therefore conditionally reverse the judgment. The trial court is to review the requested documents in chambers on remand. (See People v. Gaines (2009) 46 Cal.4th 172, 180.) If the court determines the requested personnel records contain no relevant information, it shall reinstate the judgment. (See id. at p. 181.) If the court determines that relevant information exists and should be disclosed, the trial court must order disclosure and provide defendant an opportunity to demonstrate prejudice. (See ibid.) If there is a reasonable probability the outcome of trial would have been different if the information had been disclosed, the trial court is directed to order a new trial. (See ibid.)

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