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Name: Smith v. Superior Court of San Diego
Case #: D049852
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/19/2007

The prosecution has no right to participation in third party discovery procedures by the defense in a criminal case. In investigating whether to challenge the composition of the venire, Smith filed a motion for discovery of jury selection information from the Jury Commissioner (Pen. Code, secs. 1326 and 1327 and Evid. Code, sec. 1560) and moved to preclude the People from participating in the proceedings. Expanding People v. Alford (2003) 29 Cal.4th 1033, the appellate court held that although the People were entitled to notice of the hearing, they were not entitled to defense discovery because they do not represent the third party and there is no statutory or constitutional authority supporting participation.