On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld?

California, United States of America

The following excerpt is from People v. Melendez, F074798 (Cal. App. 2018):

On appeal, the court may conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any personnel records were improperly withheld. (People v. Mooc (2001) 26 Cal.4th 1216,

Page 3
1228-1232.) Our review of the sealed personnel records "reveals no materials so clearly pertinent to the issues raised by the Pitchess discovery motion that failure to disclose them was an abuse of Pitchess discretion." (People v. Samayoa (1997) 15 Cal.4th 795, 827.)

The judgment is affirmed.

Footnotes:

^*. Before Detjen, Acting P.J., Franson, J. and Meehan, J.

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