Supreme Court of California

In a prosecution of defendant for two murders with the special circumstances of multiple murder, lying in wait, and financial gain, in addition to other felony offenses, court of appeals' holding that the government was entitled to notice of, and to be present at, an in camera hearing once responsive documents requested by the defendant via subpoena have been produced, but was not permitted to learn the identity of the subpoenaed party or the nature of the documents requested, is reversed and remanded where: 1) the court of appeal erred in unduly restricting the People's role at the in camera hearing, in that the prosecutor may participate in and argue at the hearing, if the trial court so desires; and 2) the court of appeal erred in categorically denying the People the right to discover the identity of the subpoenaed party and the nature of the documents sought under the third party subpoena inasmuch as the People's due process right to a meaningful opportunity to be heard may typically require at least that much information.

Appellate Information

• Decided 10/18/2010
• Published 10/18/2010

Judges

• BAXTER

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Duane Dammeyer