Supreme Court of California

A murder defendant's death sentence is reversed pursuant to a claim that the trial court prejudicially erred in not requiring a prosecutor to provide discovery of what evidence it intended to present in rebuttal to certain proffered testimony, where it was reasonably possible the verdict at a second trial would have been different had defendant presented similar mitigating evidence at the second trial.

Appellate Information

• Decided 06/12/2006
• Published 06/12/2006

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Michael B. McPartland, Palm Desert, under appointment by the Supreme Court;  and Carl Gonser, San Rafael, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Sharlene A. Honnaka and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.