Supreme Court of California

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Sharp v. Superior Court (People), S190646

In a prosecution for several felonies, including murder, in which the defendant pleaded not guilty by reason of insanity (NGI) and proposed to call a mental health expert on the issue of sanity, the Court of Appeal's denial of a writ of mandate/prohibition to prevent the compelled examination by the People is affirmed, where: 1) Penal Code section 1054.3(b)(1) authorized the examination; 2) the exception for when an existing provision of law otherwise specifically addresses the issue did not apply, because Penal Code section 1027, which governs the adjudication of an NGI plea, specifically addresses the defendant's examination by court-appointed experts, but not by prosecution-retained experts.

Appellate Information

  • Decided 05/31/2012
  • Published 05/31/2012

Judges

  • Werdegar

Court

  • Supreme Court of California

Counsel

  • For Appellant:
  • Michael C. McMahon, Lisa O. Lyytikainen