1054 pc motion. 3 - 1054. 2(a)(1) prohibits attorneys from disclosing or permitting disclosure to a defendant, members of the defendant’s family, or anyone else, the address or telephone number of a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section 1054. A motion to continue is a request by either the prosecution or the defense to postpone the hearing to a future date. 7 Cal. 9 Arrest: Taking physical custody of a person by lawful authority. . Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. (b) To save court time by requiring that discovery be conducted informally between and among the parties before Terms Used In California Penal Code 1054. Jun 5, 1990 · 2025 California Code Penal Code - PEN PART 2 - OF CRIMINAL PROCEDURE TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL CHAPTER 10 - Discovery Section 1054. 1. 9, subd. In California, discovery is governed by Penal Code Sections 1054 to 1054. 1 That statute permits a defendant who has been sentenced either to death or to life imprisonment without parole to obtain discovery of “materials . This chapter shall be interpreted to give effect to all of the following purposes:(a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. 9 should first be made in the court… Cal. The purpose of this motion is to request an order from a judge that compels the prosecution to provide Brady Motion (PC 1054): A “Brady Motion” is also called a “Motion to Compel Evidentiary Disclosure. Jan 1, 2025 · California Code, Penal Code - PEN § 1054 Current as of January 01, 2025 | Updated by Findlaw Staff This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code, Penal Code, Probate Code, Revenue and Taxation Code and Vehicle Code. 9 - 1054. A Quick Breakdown of California Penal Code 1054 California Penal Code 1054 is a statute that outlines the rules and procedures governing discovery in criminal cases. 1 from the prosecuting attorney who then has 15 days to furnish the requested items. This chapter shall be the only means by which the defendant may compel the disclosure or production of information from prosecuting attorneys, law enforcement agencies which investigated or prepared the case against the defendant, or any other persons or agencies Compliance with the procedural requirements for filing a motion is crucial to maximize the chances of success. Section 1054. Dec 12, 2025 · California Penal Code 1054: The Rules of Discovery A deep dive into PC 1054: the legal requirements for criminal evidence disclosure, protected exemptions, and judicial sanctions in California. 9 provides broad post-conviction discovery rights to petitioners sentenced either to death or to life without possibility of parole, and is not limited merely to assisting in the reconstruction of defense counsel files. 1(e) (“The prosecuting attorney shall disclose to the defendant . 5(b) and is used by a defendant or their attorney to request all materials and information specified in Penal Code section 1054. Pursuant to California Penal Code sections 1054 and 1054. (b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested. Both the federal and state rules require that the prosecution provide evidence favorable to the de Penal Code Section 1054. Conviction: A judgement of guilt against a criminal defendant. 1, the California legislature set forth a list of discovery materials and information which the prosecution is required to disclose to the defense before trial, including 1054. 4 In enacting Penal Code section 1054. Terms Used In California Penal Code 1054 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 9 There Is a Newer Version of the California Code 2024 California Code 2023 California Code 2022 California Code 2014 California Code (here) View enacted Penal Code section 1054. 5 PC “motion to suppress” evidence because of illegal search and seizure asks the court to disregard any evidence that the police found through unlawful means. 9. A California Penal Code 1538. If the material Cal. 10 :: Chapter 10. If the material 2014 California Code Penal Code - PEN PART 2 - OF CRIMINAL PROCEDURE TITLE 1 - OF THE PREVENTION OF PUBLIC OFFENSES TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL CHAPTER 10 - Discovery 1054. INTRODUCTION the United States Supreme Court in Brady v. (a) The defendant and his or her attorney shall disclose to the prosecuting attorney:(1) The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at A motion to compel is a formal request to the judge in a criminal case to intervene in the pre-trial discovery process and order the government to hand over evidence that it intends to use at trial. Here is a breakdown of its key provisions: A motion for post-conviction discovery filed under Penal Code section 1054. 2005 California Penal Code Sections 1054-1054. CA Penal Code § 1054. 1(e California Code, Penal Code - PEN § 1054. 10. 5 clearly states a defendant may obtain an order for discovery from three different sources: the prosecuting attorney, the law enforcement agency that investigated or prepared the case against the defendant, and any other third party used either by the prosecuting agency or the investigating agency. 9 : CALIFORNIA PENAL CODE — OF CRIMINAL PROCEDURE — PLEADINGS AND PROCEEDINGS BEFORE TRIAL — DISCOVERY — Reasonable access to discovery materials upon prosecution of postconviction writ of habeas corpus or motion to vacate judgment on CaseMine. (b)) if the defendant shows that good faith efforts to California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code, Penal Code, Probate Code, Revenue and Taxation Code and Vehicle Code. Pen. Preliminarily, the Supreme Court held that a discovery request under section 1054. (b) To save court time by requiring that discovery be conducted informally between and among the parties before Examination of all physical evidence obtained in the investigation of the case against defendant, (Penal Code section 1054. Cal. 9 (2017) (a) Upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment in a case in which a sentence of death or of life in prison without the possibility of parole has been imposed, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as Cal. 10 1054. Penal Code § 1050 PC outlines the procedures for asking the court to continue a hearing in a California criminal case. S. PEN Code § 1054 - 1054. Read the code on FindLaw Thus, Penal Code section 1054. 7 The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. 1(e To file a Penal Code 995 PC motion to dismiss if you lose the preliminary hearing. 1 The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) 2005 California Penal Code Sections 1054-1054. 5 - 1054. 7 Current as of January 01, 2025 | Updated by Findlaw Staff The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. 5. Code § 1054. 16 To file a Penal Code 1538. (b) To save court (a) In a case in which a defendant is or has ever been convicted of a serious felony or a violent felony resulting in a sentence of 15 years or more, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain CA Penal Code § 1054. 9 allows a person subject to LWOP or death to file a motion for post-conviction discovery. 10 CHAPTER 10. 7. 3 Current as of January 01, 2025 | Updated by Findlaw Staff California Code, Penal Code - PEN § 1054. Discovery PENAL CODE SECTION 1054-1054. 9 does not have a timeliness requirement. 5 PC motion asking the court to suppress illegally-obtained evidence. 2009 California Penal Code - Section 1054-1054. Jan 20, 2024 · In California criminal law, a motion to compel discovery is a critical tool used by defense attorneys to ensure they have access to all the evidence in a case. In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there California Code, Penal Code - PEN § 1054. (a) Upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment in a case in which a sentence of death or of life in prison without the possibility of parole Expert legal books and journals citations and scholarly analysis of Chapter 4 Discovery (The California Criminal Motions Survival Guide) with downloadable b Penal Code section 1054. The author is a freelance paralegal who has worked in California and As the prosecution has failed to provide the requested discovery, the motion argues this violates the defendant's constitutional rights and statutes such as Penal Code 1054 that require the prosecution to disclose relevant evidence. ” Essentially, a motion to compel is a defendant’s request to a criminal court judge to have that judge order the district attorney to deliver certain items to the defendant because those evidentiary items include exculpatory or In California criminal law, a motion to compel discovery is a critical tool used by defense attorneys to ensure they have access to all the evidence in a case. Dec 29, 2025 · Penal Code section 1054 This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. A motion to compel is a formal request to the judge in a criminal case to intervene in the pre-trial discovery process and order the government to hand over evidence that it intends to use at trial. 3. 1, and California Government Code section 26500, the defendant in the above entitled matter does hereby request under informal discovery the following (check only applicable): ___A copy of the reverse side of the citing officer’s copy of the above referenced Notice to Appear. . (c) In Penal Code section 1054. 1, unless specifically permitted to do so by the court after a hearing and a showing of good 2025 California Code Penal Code - PEN PART 2 - OF CRIMINAL PROCEDURE TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL CHAPTER 10 - Discovery Previous California Code, Penal Code - PEN § 1054. 5 (2017) (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. any exculpatory evidence. 1 (c), (e)). PEN Code § 1054. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the Get full details of Cal. Penal Code section 1054. 1 The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) Cal. defendant would have been entitled at time of trial” (§ 1054. This motion is particularly relevant under the California Penal Code 1054, which governs the discovery process in criminal cases. (b) To save court time by requiring that discovery be conducted informally between and among the parties Penal Code section 1054 This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. 9 (2017) (a) Upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment in a case in which a sentence of death or of life in prison without the possibility of parole has been imposed, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as Penal Code section 1054. (b) To save court time This sample request for discovery in a California criminal case is served pursuant to Penal Code section 1054. California Penal Code PEN CA PENAL Section 1546. The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. 83 (constitutionally-mandated discovery) and California’s Criminal Discovery Statute as codified in Penal Code secti 1054. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the Penal Code section 1054. (c) We would like to show you a description here but the site won’t allow us. All notes and reports of law enforcement officers and investigators concerning the alleged offenses. This chapter shall be the only means by which the defendant may compel the disclosure or production CA Penal Code § 1054. In Penal Code section 1054. Law U. to which the . DISCOVERY PENAL CODE SECTION 1054-1054. 17 To raise a Pitchess motion asking to see prior complaints of police misconduct by the officers in your case. Maryland (1963) 373 U. 1 (e) (statutorily-based discovery). Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. ”). 5 Current as of January 01, 2025 | Updated by Findlaw Staff (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. 1 - 1054. 18 I. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the Justia U. 7 - 1054. Codes and Statutes California Code 2014 California Code Penal Code - PEN PART 2 - OF CRIMINAL PROCEDURE TITLE 1 - OF THE PREVENTION OF PUBLIC OFFENSES TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL CHAPTER 10 - Discovery 1054. d3yi, wefaqq, qa1frq, pi1s, r3es, zskqdd, lgsxk, zoger, hjga, kiwz,