California Case Summaries

Author: automatic

4th District Court of Appeal, Civil Procedure, Criminal Law

Sua v. Superior Court — Prosecution Cannot Compel Mental Exam for Defendants Seeking Mental Health Diversion

The Fourth District Court of Appeal held that California's criminal discovery statute (Penal Code § 1054.3(b)(1)) does not authorize a trial court to compel a defendant seeking pretrial mental health diversion to undergo a prosecution mental examination, because the diversion hearing is not a trial at which the defendant has placed mental state in issue through expert testimony.

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