Supreme Court of California.https://leagle.com/images/logo.png
May 9, 1985.
May 9, 1985.
Attorney(s) appearing for the Case
COUNSEL
Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Stuart R. Rappaport, Albert J. Menaster, Deputy Public Defenders, and William A. Misener, Deputy Public Defender, in pro. per., for Petitioner.
Robert H. Philibosian and Ira Reiner, District Attorneys, Arnold T. Guminski, Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, for Respondent.
Christopher N. Heard as Amicus Curiae on behalf of Respondent.
Supreme Court of California.
OPINION
MOSK, J.
(1a) In this case we must decide whether Penal Code section 1102.5 (hereinafter section 1102.5) is constitutional. The section permits the prosecution in a criminal case to discover from the defendant or his counsel, following testimony on direct examination of defense witnesses other than the defendant, prior statements made by those witnesses. We conclude that the statute is unconstitutional because...
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