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Name: People v. Superior Court (Berryman)
Case #: F035818
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/25/2000
Subsequent History: Review denied 10/25/00

The filing of a petition for writ of habeas corpus, such as that filed here which alleges claims of ineffective assistance of counsel due to counsel’s failure to investigate and/or prepare a defense, constitutes raising by collateral review an issue or issues related to the recorded portion of the record created pursuant to Penal Code section 987.9. (Pen. Code, § 987.9, subd. (d).) No further “litigation purpose” beyond the filing of the petition for writ of habeas corpus is required by the section to give the Attorney General access to the confidential investigation requests. The superior court therefore applied the wrong standard by ruling a traverse must be filed or an evidentiary hearing ordered before a motion filed pursuant to section 987.9 requesting the release of information can be considered on the merits. The superior court does have jurisdiction to make this order. The Legislature intended application for the release of information be dictated by the forum in which the collateral attack is filed. Indeed, the section provides that “any court” may provide the Attorney General with access to this information.