Defense Does Not Have to Divulge Subpoenaed Materials to Prosecution.
Case:Teal v. Superior Court, no. D043340 (Cal.Ct.App. (4th Dist., Div. 1), Apr. 2, 2004)
Proceeding: Petition for writ of mandate from order denying defense request for subpoena of materials relating to a witness and ordering defense to divulge material obtain from subpoena granted.
Holding: (1) "[T]rial court abused its discretion in ordering defense counsel to provide the subpoenaed materials to the prosecution and that the error impinged upon Teal's constitutional rights." (If defense were to use the material at trial, it would then have to comply with reciprocal discovery provisions of section 1054, et. seq. (2) Although personnel records of motel security guard were not discoverable, name, address and telephone number of the security guard should have been disclosed to the defense, if found in material produced by prosecution.
Source: http://www.crimblawg.com/discovery/
Case:Teal v. Superior Court, no. D043340 (Cal.Ct.App. (4th Dist., Div. 1), Apr. 2, 2004)
Proceeding: Petition for writ of mandate from order denying defense request for subpoena of materials relating to a witness and ordering defense to divulge material obtain from subpoena granted.
Holding: (1) "[T]rial court abused its discretion in ordering defense counsel to provide the subpoenaed materials to the prosecution and that the error impinged upon Teal's constitutional rights." (If defense were to use the material at trial, it would then have to comply with reciprocal discovery provisions of section 1054, et. seq. (2) Although personnel records of motel security guard were not discoverable, name, address and telephone number of the security guard should have been disclosed to the defense, if found in material produced by prosecution.
Source: http://www.crimblawg.com/discovery/