Criminal Procedure--Discovery-Right of Prosecution to Pre-trial Discovery
Dignan Jr., Thomas G.
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Abstract
In a trial for rape, the defendant indicated an intention to rely on his alleged impotency as a defense. The trial court thereupon granted the prosecution's motion for discovery of all medical reports and X-rays relating to the defendant's present physical condition, the names and addresses of all physicians who had treated the defendant prior to trial, and the names and addresses of all physicians who had been subpoenaed to testify for the defendant. On petition by the defendant, the intermediate appellate court issued a writ of prohibition restraining the enforcement of the trial court's order. On review, held, reversed, two judges dissenting in part.
The prosecution is entitled to discover information pertinent to evidence which the defendant intends to introduce in the nature of an exculpatory defense; such information does not fall within the scope of the defendant's privilege against self-incrimination. Jones v. Superior Court, 372 P.2d 919, 22 Cal. Rptr. 879 (1962).