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Name: Box v. Superior Court
Case #: D080573
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/30/2022

A defendant is entitled to discover the prosecution’s jury selection notes under Penal Code section 1054.9 where a postconviction prima facie case of racial bias under Batson/Wheeler has been established. Following an automatic appeal from a 1990 first degree murder conviction and death sentence, Box sought postconviction relief by filing petitions for writ of habeas corpus in both state and federal courts. As part of the postconviction discovery, Box filed a 2022 motion to compel the San Diego County District Attorney’s Office (DA) to produce copies of their jury selection notes. The DA objected on the grounds of work product…

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