Opinion
S243964
07-10-2019
PUCKETT (JEREMY PHILLIP) ON H.C.
Order to show cause issued, returnable in Superior Court
The Secretary of the California Department of Corrections and Rehabilitation is ordered to show cause before the Sacramento County Superior Court, when the matter is placed on calendar, why relief should not be granted on the grounds that the prosecution withheld material exculpatory evidence from the defense (see Brady v. Maryland (1963) 373 U.S. 83), that trial counsel's failure to introduce exculpatory statements by prosecution witness Israel Sept violated petitioner's right to the effective assistance of counsel, and that petitioner has come forward with new evidence that he is innocent of the charges (see Pen. Code, § 1473, subd. (b)(3)(A)). The return must be served and filed on or before August 9, 2019.
Kruger, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Groban, JJ.