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MALDONADO v. SUPERIOR COURT

No. S183961.

53 Cal.4th 1112 (2012)

140 Cal. Rptr. 3d 113

274 P.3d 1110

REYNALDO A. MALDONADO, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

April 23, 2012.

Attorney(s) appearing for the Case

Paul F. DeMeester , under appointment by the Supreme Court, for Petitioner.

Law Offices of J.T. Philipsborn and John T. Philipsborn for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Petitioner.

Stephen P. Lipson , Public Defender (Ventura) and Michael C. McMahon , Chief Deputy Public Defender, for California Public Defenders Association and Public Defender of Ventura County as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Stan Helfman , Brent W. Wilner , Laurence K. Sullivan and Jeffrey M. Laurence , Deputy Attorneys General, for Real Party in Interest.

OPINION

BAXTER, J.—

A criminal defendant who tenders his or her mental state as a guilt or penalty issue waives the Fifth Amendment privilege against self-incrimination, and the Sixth Amendment right to counsel, "`to the extent necessary to permit a proper examination of that condition.'" (People v. Carpenter (1997) 15 Cal.4th 312, 412 [63 Cal...

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