Dec. 21 – Attorneys representing Leslie Van Houten are asking the California Supreme Court to review a lower court ruling that denied Van Houten access to the Tex tapes.

On Tuesday, Van Houten’s attorney, Richard Pfeiffer, filed a 33-page brief asking the state’s high court to weigh in on the issue of whether or not inmates are entitled to discovery at Franklin Hearings.

The Los Angeles County District Attorney’s Office has previously argued that the penal code limits post-conviction discovery to cases carrying sentences of death and life imprisonment.

In September, Superior Court Judge William C. Ryan sided with the District Attorney’s office and denied Van Houten the tapes, adding that the tapes only contained information already well known.

In November, Pfeiffer filed a Writ of Mandate with the appellate court asking them to reverse Ryan’s ruling. The appellate court responded on November 29th, stating that they would reserved judgment until after Governor Jerry Brown ruled on Van Houten’s recent parole recommendation.

The Board of Parole Hearings found Van Houten suitable for parole on September 6 and following a review period, Governor Brown will have until February 3, 2018 to weigh in on the decision.