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POSNER v. SUPERIOR COURT

Docket No. 48829.

107 Cal.App.3d 928 (1980)

166 Cal. Rptr. 123

JACK POSNER, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Two.

July 7, 1980.

Attorney(s) appearing for the Case

COUNSEL

Colleen E. Butler, Charles R. Garry and Garry, Dreyfus, McTernan, Brotsky, Stender, Herndon & Walsh for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Gloria F. DeHart, Thomas A. Brady and Jamie Jacobs-May, Deputy Attorneys General, for Real Party in Interest.

OPINION

SMITH, J.

Petitioner, a defendant in a criminal action,1 seeks relief by extraordinary writ from an order of respondent superior court which compels petitioner to furnish certain material to the prosecution for inspection prior to trial of the question of his mental competence.

This court concludes that the order violates petitioner's privilege against self-incrimination, and that petitioner...

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