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Name: People v. Mooc
Case #: G0237141
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/30/2000
Subsequent History: Reprinted as modified 82 Cal.App.4th 636; review granted 10/18/00 (S090666)

Prejudicial error occurred where the trial court ruled on a motion filed pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531, without having received the entire personnel file requested. The trial court was barred from ever exercising its discretion because of the systematic censoring by the Santa Ana Police Department and the City Attorney’s Office. As a result, the procedures of Evidence Code section 1043 et seq. were violated and reversal was mandated Reversal was required where the prosecutor improperly cross-examined two defense witnesses as to possible fabrication of their testimony at the instigation of a third party. That inquiry was never substantiated. Although cross-examination into a witness’s bias is permitted, questions regarding an absent third party’s statements from which the prosecutor argues the bias of trial witnesses are not.