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Name: People v. Northup
Case #: B150933
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 05/16/2002
Subsequent History: Rev. denied, opn. withdrawn by order of crt. 9/11/02. Depublished.

Appellant was charged with possession of methamphetamine. In a Pitchess motion he sought the files of the arresting officer because he claimed that the officer was lying and had planted the methamphetamine on him. The name of one person who had made a complaint was given to appellant, but he was unable to find that person. Appellant made the motion again, seeking more information. The court reviewed the file and concluded that the information was not discoverable. Appellant made a motion to compel the prosecutor to review the files for exculpatory material, citing Brady v. Maryland. The court denied the motion, and appellant was convicted. Here, the appellate court affirmed. There was no Brady violation because appellant failed to meet his burden of showing that the files contained any such evidence. Further, any information in the files was not possessed by the prosecution or an agency acting on their behalf in the criminal case against appellant.