Satele v. Superior Court
Satele v. Superior Court
Opinion
*855 Petitioner, William Tupua Satele, asked the superior court to release ballistics evidence for expert testing in preparation for filing a habeas corpus petition. The court denied the request under the authority of **702 Penal Code section 1054.9, which governs discovery in habeas corpus proceedings involving certain judgments, including a sentence of death. Specifically, the court found that Satele had failed to show good cause to believe his access to the evidence was reasonably necessary to obtain relief, as the statute requires. The trial court erred. Section 1054.9's good cause requirement applies only to physical evidence in possession of the prosecution and law enforcement authorities, not to evidence held by the court. Court documents, including exhibits, are generally open to public inspection and may be released subject to such conditions the court deems necessary to safeguard their integrity. A threshold showing of good cause is not required. We issue a writ of mandate directing the trial court to vacate its order and conduct further proceedings consistent with this opinion.
I. BACKGROUND
Satele was sentenced to death for the first degree murders of Renesha Ann Fuller
*564
and Edward Robinson, with a special circumstance finding for multiple
*856
murders. ( Pen. Code,
1
§§ 187, subd. (a), 189, subd. (a), 190.2, subd. (a)(3) ;
People v. Nunez and Satele
(2013)
Satele's death judgment was affirmed on direct appeal. (
Nunez and Satele
,
supra
, 57 Cal.4th at p. 63,
At the hearing on the motion, habeas counsel explained that he had been unable to obtain ballistics bench notes or photographs from the prosecutor. Counsel asked the court to release various items, including bullets, shell casings, and the weapon, for expert testing. The items were trial exhibits held by the court clerk.
The trial court found Satele had failed to meet the good cause requirement of section 1054.9. It observed that two prosecution experts and one defense expert had all agreed that the ballistics evidence matched the weapon seized from Satele's car. According to the court, "sometimes that is just what it is. It is just painfully obvious that they're a match, and it sort of sounds like that's what we have here. Unless we're paying for yet another person to come in to look at the bullets or look at the evidence and say, 'It's a match.' " In the court's view, the statute's good cause requirement was meant to preclude such fishing expeditions, which could go on "ad infinitum."
Habeas counsel interjected that there may be some "confusion here." He clarified that, despite his reliance on section 1054.9 in his moving
*857
papers, "it's not really a [ section] 1054.9" motion, because the court, not the prosecutor, held the evidence. He explained, "It's just evidence of the court" and "[w]e just want our expert to be able to look at it" with all necessary precautions to preserve the chain of custody. The court denied Satele
**703
access to the physical evidence under any circumstances. The court explained: "It finally sort of dawned on me why I'm struggling, and it is because of the phrase 'good cause.' I'm not seeing that there is good cause. Good cause to believe that the access to the physical evidence is reasonably necessary for the defendant to get relief."
*565
The Court of Appeal summarily denied Satele's petition for writ of mandate. We denied his petition for review, which framed the issue in terms of whether physical evidence must be released for a defense expert's examination when scientific or technological developments have undermined a prosecution's expert's opinion. Instead, we granted review on our own motion and directed the People to show cause why the relief requested should not be granted "on the ground that the superior court abused its discretion by applying Penal Code section 1054.9 [former] subdivision (c) [now subdivision (d) ] to a motion for access to trial evidence that is in the possession of the superior court." We treat this review proceeding as one in mandate and resolve it under our original jurisdiction. (
People v. Picklesimer
(2010)
II. DISCUSSION
The question is whether section 1054.9's provisions apply to evidence held by the court. The statute partially abrogated the general rule that a person seeking habeas corpus relief from a judgment of death is not entitled to postconviction discovery until a court issues an order to show cause. (
People v. Superior Court
(
Morales
) (2017)
*858
Under section 1054.9, subdivision (a) ( section 1054.9(a) ), upon a showing of good faith but unsuccessful efforts to obtain discovery materials from trial counsel, the court shall order that the defendant "be provided reasonable access to any of the materials described in subdivision (c)." In essence, "[i]f that showing is made, the defendant is entitled to discovery." (
Catlin v. Superior Court
(2011)
A defendant's right to access such discovery materials is expressly qualified, *566 however, by subdivision (d), which states: "In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe **704 that access to physical evidence is reasonably necessary to the defendant's efforts to obtain relief." ( § 1054.9, subd. (d), italics added ( § 1054.9(d) ); see id ., subd. (a) [containing the qualifier, "except as provided in subdivision (b) or (d)"].) 3 We have not yet interpreted whether the good cause requirement applies only to evidence possessed by prosecution and law enforcement authorities, or whether it also applies to physical evidence held by a court clerk. We now conclude it does not.
"It is well settled that the proper goal of statutory construction 'is to ascertain and effectuate legislative intent, giving the words of the statute their usual and ordinary meaning. When the statutory language is clear, we need go no further.' " (
People v. Ramirez
(2009)
The statutory language provides strong indicators that the reference to "physical evidence" in section 1054.9(d) means evidence "in the possession of the prosecution and law enforcement authorities to which the same defendant would have been entitled at time of trial." ( § 1054.9(c).) Subdivision (d) authorizes an order for access to physical evidence "[i]n response to a writ or motion satisfying the conditions in subdivision (a)." As relevant here, those conditions are: "the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment"; a case in which a sentence of death has been imposed; and "a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful." ( § 1054.9, subds. (a), (b).) Thus, the conditions in subdivision (a) explicitly incorporate the definition of " 'discovery materials' " in subdivision (c). This reading accords with subdivision (c)'s statement that " 'discovery materials' " are defined "[f]or the purposes of this section " (italics added), rather than more narrowly for the purposes of subdivision (a). As noted, that definition applies to "materials in the possession of the prosecution and law enforcement authorities ...." ( § 1054.9(c).)
"It is elementary that, absent indications to the contrary, 'a word or phrase ... accorded a particular meaning in one part or portion of the law, should be accorded the same meaning in other parts or portions of the law ....' " (
County of San Bernardino v. City of San Bernardino
(1997)
Discovery is generally understood to mean an exchange of information among the parties to an action. (See § 1054, subd. (c); Cal. Const., art. I, § 30, subd. (c); cf. Code Civ. Proc., § 2017.010.) The trial court
*860
and its clerk are not parties to the criminal action. We have found no published decision applying the discovery provisions of section 1054.9 to materials held by the court. On the contrary,
**705
all have addressed requests for materials possessed by the prosecution or law enforcement authorities. (See, e.g.,
In re Steele
,
supra
, 32 Cal.4th at p. 689,
In short, section 1054.9 requires a defendant to show good cause to access "discovery materials" ( § 1054.9(a) ), i.e., "materials in the possession of the prosecution and law enforcement authorities ..." ( § 1054.9(c) ). Based on the statute's plain language, the good cause requirement does not apply to evidence possessed by the court clerk.
A question remains: If section 1054.9 does not govern here, what standards control access to physical evidence retained by the court as a trial exhibit? Section 1417 provides that "[a]ll exhibits which have been introduced or filed in any criminal action or proceeding shall be retained by the clerk of the court who shall establish a procedure to account for the exhibits properly ... until final determination of the action or proceedings ...." 4 In capital cases, the final determination of the action is "30 days after the date of execution of sentence" or "one year after the date of the defendant's death" if the defendant dies while awaiting execution. (§ 1417.1, subds. (d)(1), (2).)
Both this court and the United States Supreme Court have recognized a "general right" under the common law "to inspect and copy public records and documents, including judicial records and documents." (
Nixon v. Warner Communications, Inc.
(1978)
The court's jurisdiction to entertain a request for access to court exhibits derives from its inherent supervisory power over its own records and files. (
Nixon v. Warner Communications, Inc
.,
supra
, 435 U.S. at p. 598,
Here, the court denied access to the ballistics evidence based solely on Satele's failure to establish "good cause to believe that access to physical evidence is reasonably necessary to the defendant's effort to obtain relief." ( § 1054.9(d).) The court erred because section 1054.9(d) does not apply to a request
**706
for access to court exhibits. While the court has inherent authority to fashion an order respecting such access, its strict application of a good cause requirement is inconsistent with the presumption that such documents are open for inspection. (See
KNSD Channels 7/39 v. Superior Court
,
supra
, 63 Cal.App.4th at pp. 1203-1204,
III. DISPOSITION
The petition for writ of mandate is granted. Let a writ of mandate issue directing that the trial court vacate its order denying access to exhibits and conduct further proceedings consistent with this opinion.
We Concur:
CANTIL-SAKAUYE, C. J.
CHIN, J.
LIU, J.
CUÉLLAR, J.
KRUGER, J.
GROBAN, J.
All further undesignated statutory references are to the Penal Code.
The statute in effect at the time Satele filed his motion applied only to persons sentenced to death or life imprisonment without the possibility of parole. (§ 1054.9, former subd. (a), added by Stats. 2002, ch. 1105, § 1.) Effective January 1, 2019, section 1054.9 was amended to apply to cases involving a serious felony or a violent felony resulting in a sentence of 15 years or more. (§ 1054.9, subd. (a), as amended by Stats. 2018, ch. 482, § 2.) The statute's expansion applies prospectively only. (§ 1054.9, subd. (j).) The amendment also redesignated former subdivision (b) as subdivision (c), and former subdivision (c) as subdivision (d), without substantive change. We will refer to the subdivisions by their current designations.
Section 1054.9(d) clarifies that its provisions do not cover access for postconviction DNA testing. Those procedures are found in section 1405.
Sections 1417.2 and 1417.3 set forth some exceptions to this general rule not applicable here.
The California Public Records Act does not apply to records of the court. (See Gov. Code, § 6252, subds. (a), (f)(1).)
Reference
- Full Case Name
- William Tupua SATELE, Petitioner, v. the SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; The People, Real Party in Interest.
- Cited By
- 22 cases
- Status
- Published