What is the legal test for establishing good cause and establishing a logical link between a proposed defense and the pending charge?

California, United States of America


The following excerpt is from People v. Kelley, F063623 (Cal. App. 2012):

logical link between a proposed defense and the pending charge, and to articulate how the discovery would support such a defense or how it would impeach the officer's version of events. The threshold for establishing good cause is relatively low. The proposed defense must have a plausible factual foundation supported by the declaration of defendant's counsel and other documents. A plausible scenario is one that might have or could have occurred. "The 'defendant must also show how the information sought could lead to or be evidence potentially admissible at trial. Once that burden is met, the defendant has established materiality under [Evidence Code] section 1043.' [Citation.]" (People v. Moreno (2011) 192 Cal.App.4th 692, 700-701; Garcia v. Superior Court (2007) 42 Cal.4th 63, 69.)

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