California Court of Appeal

Defendant's petition for a writ of mandate seeking to compel the superior court to vacate its order granting the People's motion for a mental examination by a prosecution-retained expert is denied where: 1) the trial court's authority to order a mental health examination by an expert retained by the prosecution is not "specifically addressed" by section 1027, and as such, section 1054.3(b) authorizes a trial court to order a defendant who pleads not guilty by reason of insanity to submit to a psychiatric examination by a prosecution-retained expert; 2) defendant's argument that the trial court's order violates his constitutional rights is without merit; 3) defendant's claim that the order is an improper retrospective application of a statute that operates prospectively only is without merit; and 4) there is nothing in the record establishing discovery abuse or showing other conduct that would be material to the exercise of the trial court's discretion in making the order.

Appellate Information

• Decided 01/18/2011
• Published 01/19/2011

Judges

• PERREN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephen P. Lipson