Possibly. Penal Code section 1054.9 allows reasonable access to qualifying discovery materials while pursuing—or preparing—a habeas writ or motion to vacate. The case must involve a current or past felony conviction that resulted in incarceration in the California Department of Corrections and Rehabilitation (CDCR). The person must first make good-faith efforts to obtain the materials from trial counsel and be unsuccessful. The current statute expressly includes prosecution jury-selection notes. Penal Code section 1054.9.
This is a postconviction discovery request, not an automatic right to every file or proof that a jury-selection violation occurred. In Montes v. Superior Court, a published September 21, 2026 decision, the court held that the person seeking notes need not first make a prima facie showing of racial bias. The decision concerns access to notes; it does not decide whether the underlying jury-selection claim succeeds. Montes v. Superior Court.
Establish the statutory basis and request history
Collect the judgment, custody history, jury-selection transcript, questionnaires, any known peremptory strikes, and the postconviction claim you are preparing. Keep copies of written requests to trial counsel and the responses or proof that the effort did not succeed. A county-only sentence or a conviction that did not result in CDCR incarceration does not meet the statute’s stated felony threshold.
If the prosecution seeks to shield jury-selection notes, it must make a foundational proffer explaining how information in its file would bear on its case strategy. If the court finds good cause, it reviews the notes privately and orders necessary redactions. The statute separately states that if the prosecution exercised no peremptory challenges during jury selection, that itself is good cause to withhold the notes. A protective order prohibiting disclosure can also limit access. The materials are therefore not unconditionally disclosed. Penal Code section 1054.9.
A prior section 1054.9 discovery order can also matter. For a sentence other than death or life without parole, the statute gives the court discretion over a later discovery order. Actual examination or copying costs are borne by the person requesting discovery. And the statute does not require creation or retention of materials beyond obligations imposed by law or court order; it cannot guarantee notes still exist. Penal Code section 1054.9.
Access to notes is different from an objection during jury selection. A trial-time challenge to a peremptory strike follows a different procedure and does not replace this postconviction discovery process. If notes are obtained, counsel can assess what they show and whether a separate claim is supported. The Law Offices of David S. Chesley handles California postconviction matters. Call (800) 755-5174 to discuss the conviction and discovery record.