Access to case exhibit
Q: I have a case in the Court of Appeal. My attorney needed a copy from the case file. I went to court and asked for a copy of exhibit 3. The clerk denied my request. I told my attorney this and he sent a local to obtain exhibit 3. She too was denied access or a copy of the public record. I believe since I am the first person to challenge PC148.6 (false complaints against peace officers) I am targeted by this backwoods court and ask for assistance.
A: I’ve reviewed the letter your attorney sent, and we agree that this is a public document and that the clerk had no right to withhold it from you or from an attorney sent to retrieve it.
One Comment
Penal Code 148.6 ( PC148.6 ) was found unconstitutional in Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023. The case which Darren Chaker brought and handled for years, was later used to successfully sue in Cuadra v. City of South San Francisco, 2010 WL 55875, *1+ (N.D.Cal. Jan 04, 2010)
Penal Code 148.6 ( PC148.6 ) was found unconstitutional in Chaker v. Crogan, 428 F.3d 1215 C.A.9 (Cal.),2005, Cert. denied, 547 U.S. 1128, 126 S.Ct. 2023. The case which Darren Chaker brought and handled for years, was later used to successfully sue in Cuadra v. City of South San Francisco, 2010 WL 55875, *1+ (N.D.Cal. Jan 04, 2010)
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