California, United States of America
The following excerpt is from People v. Drumgo, A128824 (Cal. App. 2012):
information in the officer's personnel files, we direct the trial court to reinstate the original judgment and sentence. However, if there is discoverable material in the officer's personnel files, the Pitchess motion shall be granted and the discoverable material turned over to defendant so that she may determine whether that material would have led to any relevant, admissible evidence that she could have presented at trial. If defendant is able to demonstrate that she was prejudiced by the earlier denial of her Pitchess motion, there should be a new trial. If defendant is unable to demonstrate prejudice, we direct the trial court to reinstate the judgment as of that date. (See People v. Gaines, supra, 46 Cal.4th at p. 181.) The trial court should also make a record of any Pitchess documents it reviewed in camera. (Id. at p. 180.)
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