PEOPLE v. POKOVICH

No. S127176.

48 Cal.Rptr.3d 158 (2006)

39 Cal.4th 1240

141 P.3d 267

The PEOPLE, Plaintiff and Respondent, v. Charles G. POKOVICH, Defendant and Appellant.

Supreme Court of California.

August 31, 2006.


Attorney(s) appearing for the Case

Hayes H. Gable III, Sacramento, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez, Janet E. Neeley, Ruth M. Saavedra and Robert Gezi, Deputy Attorneys General, for Plaintiff and Respondent.


KENNARD, J.

May a testifying defendant be impeached at trial with statements made before trial to mental health professionals during a court-ordered examination to determine the defendant's mental competency to stand trial? We conclude that such impeachment violates the federal Constitution's privilege against self-incrimination.

I

On March 31, 2002, at approximately 3:00 p.m., bullets hit three moving...

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