THE PEOPLE, Plaintiff and Respondent,
v.
RONALD CURTIS THORNTON, Defendant and Appellant.
Court of Appeals of California, First District, Division Three.https://leagle.com/images/logo.png
January 25, 1979.
January 25, 1979.
Attorney(s) appearing for the Case
COUNSEL
Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Clifton R. Jeffers, Chief Assistant State Public Defender, B.E. Bergesen III and Patricia Salas Pineda, Deputy State Public Defenders, for Defendant and Appellant.
Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Eugene W. Kaster, Gerald E. Granberg and Laurence M. May, Deputy Attorneys General, for Plaintiff and Respondent.
D. Lowell Jensen, District Attorney (Alameda), and John J. Meehan, Assistant District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.
Court of Appeals of California, First District, Division Three.
OPINION
FEINBERG, J.
(1) The issue presented here is what statements, if any, made to defense investigators by defense alibi witnesses can be discovered by the prosecution. We conclude that such discovery constitutes an unconstitutional violation of a defendant's privilege against self-incrimination even if the statements only impeach the testimony of the alibi witnesses and do not directly inculpate the defendant.
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