Opinion
S267391
04-28-2021
JENKINS (JASMINE) ON H.C.
B301638 Second Appellate District, Div. 1
Petition for review granted; issues limited
The petition for review is granted. The issue to be briefed and argued is limited to the following: Where a habeas petitioner claims not to have received a fair trial because the District Attorney failed to disclose material evidence in violation of Brady v. Maryland (1963) 373 U.S. 83 - and where the Attorney General has knowledge of, or is in actual or constructive possession of, such evidence - what duty, if any, does the Attorney General have to acknowledge or disclose that evidence to the petitioner? Would any such duty be triggered only upon issuance of an order to show cause?
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Kruger, Groban, and Jenkins, JJ