Is a defendant entitled to discovery if they have failed to obtain discovery from their trial counsel?
California, United States of America
The following excerpt is from Davis v. Superior Court of Riverside Cnty., 1 Cal.App.5th 881, 205 Cal.Rptr.3d 193 (Cal. App. 2016):
showing [that defendant sought discovery from his or her trial counsel, but unsuccessfully] is made, the defendant is entitled to discovery. (Catlin v. Superior Court (2011) 51 Cal.4th 300, 305, 120 Cal.Rptr.3d 135, 245 P.3d 860, quoting 1054.9, subd. (a).)
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