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KLING v. SUPERIOR COURT

No. S176171.

50 Cal.4th 1068 (2010)

116 Cal. Rptr. 3d 217

239 P.3d 670

RANDOLPH CLIFTON KLING, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

October 18, 2010.

Attorney(s) appearing for the Case

Duane Dammeyer and Steven P. Lipson , Public Defenders, and Michael C. McMahon , Chief Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Gregory D. Totten , District Attorney, Michael D. Schwartz , Special Assistant District Attorney, Cheryl M. Temple and Michelle J. Contois , Deputy District Attorneys, for Real Party in Interest.

Bilenda Harris-Ritter for the National Crime Victim Law Institute and the California Voice for Crime Victims, Inc., as Amici Curiae on behalf of Real Party in Interest.

OPINION

BAXTER, J.—

Under Penal Code section 1326, subdivision (c), a person or entity responding to a third party subpoena duces tecum in a criminal case must deliver the subject materials to the clerk of court so that the court can hold a hearing to determine whether the requesting party is entitled to receive them. When, as here, the defendant is the requesting party, the court may conduct that hearing in camera. (Pen. Code, §...

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