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Court Can Exempt Certain Subpoenaed Documents From Discovery, Leaving the Defense in a Better Position to Defend, Part 3

By Walin & Klarich

There may be cases in which the trial court determines it necessary to ask questions of the prosecution, in addition to questions it has posed to the defense, in camera to protect privacy rights of third parties. The court may solicit suggestions from the defense on how best to ask these questions without disclosing defense strategies. In many cases this goal may be difficult, if not impossible, to achieve. In that event, the defense may be forced to choose either to disclose the subpoenaed document to the prosecution or to forego receiving the document. The trial court's ruling on the question of the delivery of any documents to the defendant should be made in open court without identifying the third parties who produced the documents or the nature of the documents produced...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 18, 2010 (boomark / email).