Supreme Court of California

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Maldonado v. Superior Court (People), S183961

In a prosecution for first-degree murder in which the defendant sought various protective orders as conditions of his submission to court-ordered pretrial mental examinations, the court of appeal's grant of the defendant's petition for writ of mandate is reversed, as neither the Fifth Amendment right against self-incrimination, nor prophylactic concerns about the protection of that right, justify precluding the prosecution from full pretrial access to the results of mental examinations by prosecution experts conducted, pursuant to Penal Code section 1054.3(b)(1), for the purpose of obtaining evidence to rebut a mental-state defense the defendant has indicated he or she intends to present on the issue of guilt.

Appellate Information

  • Decided 04/23/2012
  • Published 04/23/2012


  • Baxter


  • Supreme Court of California


  • For Appellant:
  • Paul F. DeMeester, Jeffrey M. Laurence