California, United States of America
The following excerpt is from People v. Hustead, 74 Cal.App.4th 410, 87 Cal.Rptr.2d 875 (Cal. App. 1999):
Therefore, a special disposition is required in this case. In People v. Gill, supra, 60 Cal.App.4th 743, 70 Cal.Rptr.2d 369, the court was faced with an identical situation. There the trial court had denied the defendant's discovery request, and on appeal from a judgment of conviction, the appellate court found that the defendant had made the requisite showing of good cause entitling him to an in camera review of the officer's file. (Id. at p. 750, 70 Cal.Rptr.2d 369.) The court found the proper disposition would be to remand the case to the trial court to conduct an in camera hearing on the discovery motion. If the hearing resulted in no discoverable information, the judgment was ordered affirmed. If the hearing resulted in discoverable information, the trial court was ordered to grant the discovery and order a new trial. (Id. at p. 751, 70 Cal.Rptr.2d 369.)
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