California Court of Appeal

Petition for writ of mandate asking court to grant petitioner's request to have Dr. Catherine Scarf appointed as his defense expert, is granted, where: 1) the trial court erred in limiting juvenile's choice of expert assistance to a psychotherapist from the Juvenile Competency to Stand Trial Panel, notwithstanding that panel members had informed juvenile's counsel they would report to authorities any information of child abuse/neglect or Tarasoff threats; and 2) in the absence of clear legislative guidance, the Court declines to read into the Child Abuse and Neglect Reporting Act a reporting requirement that contravenes established law on confidentiality and privilege governing defense experts and potentially jeopardizes a criminal defendant's right to a fair trial.

Appellate Information

• Decided 05/08/2013
• Published 05/08/2013

Judges

• PERLUSS

Court

• California Court of Appeal

Counsel