Supreme Court of California

In this case, the district attorney filed a petition to extend petitioner Hudec's commitment under Penal Code section 1026.5. Hudec, who suffers from paranoid schizophrenia, was found not guilty by reason of insanity of killing his father and was committed to a state hospital for a period reflecting the maximum term of voluntary manslaughter. The Court of Appeal's order requiring the trial court show cause for denying Hudec's in limine motion to preclude his compelled testimony as a witness for the People, staying the trial, and directing the superior court not to compel Hudec's testimony is affirmed, where, by virtue of section 1026.5(b)(7), a person facing extended commitment has the right to refuse to testify, a right constitutionally guaranteed criminal defendants.

Appellate Information

• Decided 01/05/2015
• Published 01/05/2015

Judges

• Werdegar

Court

• Supreme Court of California

Counsel