Does a defendant have a certificate of probable cause to develop evidence favorable to defendant for presentation at trial?
California, United States of America
The following excerpt is from People v. Escarsega, C065465 (Cal. App. 2012):
10. Because defendant lacks a certificate of probable cause, we do not consider to what extent the Pitchess motion should have been granted to develop evidence favorable to defendant for presentation at trial, such as a record of excessive force that might have been relevant to the resisting arrest charge. (But see Uybungco v. Superior Court (2008) 163 Cal.App.4th 1043, 1049-1051.)
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