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Name: U.S. v. Fernandez
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/07/2000
Subsequent History: None

The defense has no right to discover the death penalty evaluation form and prosecution memorandum concerning the decision to seek the death penalty, and the district court erred and abused its discretion in ordering its production. These documents are privileged and protected by the deliberative process. There is no legal basis for overriding the privilege.