Skip to content
Name: Schaffer v. Superior Court
Case #: B217743
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/23/2010

Penal Code section 1054.1 does not require the prosecution to give retained defense counsel discoverable evidence free of charge. Appellant was represented by retained counsel. The attorney was told there were 70 pages of discoverable phone records that he could have copied at 15 cents per page, or which he could view at the District Attorney's Office and also bring equipment to copy or digitally scan the records himself. Retained counsel filed a motion to abate discovery costs, and when it was denied, he filed a writ of mandate, arguing the statutory obligation to disclose is only…

View Full Summary
Name: People v. Varghese
Case #: D048456
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/08/2008

The trial court did not err when it denied appellant the right to conduct a DNA test on the remaining blood sample. In an appeal from his conviction for first degree murder of his ex-wife's boyfriend, Varghese argued that the trial court erred in refusing to allow independent DNA testing of a blood stain found at the murder scene. The appellate court rejected the argument, finding no error. The prosecution had conducted DNA testing, and the remainder of the sample was insufficient to allow additional testing by both parties. The second test would have to permit…

View Full Summary
Name: Pawlyk v. Wood
Case #: 98-35026
Court: US Court of Appeals
District 9 Cir
Opinion Date: 01/19/2001
Subsequent History: Rehg den.

Appellant's due process rights were not violated when the state of Washington compelled disclosure to the prosecution and the jury of the evaluation of a psychiatrist who was not called as a witness by the defense. Appellant was examined by two psychiatrists at state expense in preparation of the insanity defense for his trial on murder charges. Only one psychiatrist, the one who had concluded appellant was having a psychotic episode and did not know right from wrong, was ultimately called as a witness. After appellant's sanity was placed in issue, the court allowed the testimony of…

View Full Summary