Supreme Court of California

Since involuntary HIV testing is strictly limited by statute and Penal Code section 1202.1 conditions a testing order upon a finding of probable cause, a defendant may challenge the sufficiency of the evidence even in the absence of an objection.

Appellate Information

• Decided 12/01/2003
• Published 12/01/2003

Judges

• BROWN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Bradley A. Bristow, Sacramento, under appointment by the Supreme Court, and Ann Hopkins, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Michael J. Weinberger, Ruth M. Saavedra, Patrick J. Whalen, Janet E. Neeley, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.