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Not All Subpoenaed Documents Need to be Turned Over to the Prosecution, Part 2

By Walin & Klarich

As discussed in yesterday?s blog, a recent court decision has held that documents the defense subpoenaed do not always need to be viewed by the prosecuting agency. Consistent with Evidence Code section 1560, subdivision (d), the trial court may open the sealed envelopes containing records produced in response to defense subpoenas without disclosing to the prosecution the identity of the third parties or the nature of the documents. If the court has questions concerning the relevance of the documents produced, the court should conduct an in camera hearing in the presence of defense counsel only. Before deciding whether the defense is entitled to receive the subpoenaed documents, the trial court may ask the prosecution questions it deems appropriate to protect the privacy rights of parties subpoenaed...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 17, 2010 (boomark / email).