THE PROSECUTION CAN PRESENT EVIDENCE THAT A DEFENSE LAB EXAMINED EVIDENCE
THE PROSECUTION HAS THE RIGHT TO PRESENT EVIDENCE THAT A DEFENSE LAB
EXAMINED EVIDENCE-RAISE CONSTITUTIONAL ISSUES TO DEFEAT THIS HORROR
This case was reported in this blog a few months ago. Here, the DA was permitted to repeatedly present evidence from the police criminalists that crucial evidence was released to a defense lab.
The California Supreme Court rejected a defense work product argument. They then rejected the 6th Amendment challenge by saying that their work product ruling disposed of all those
challenges.
A great many criminal prominent criminal defense lawyers petitioned the court to delete or modify this discussion.
The Supremes modified their opinion with a phrase. It looks like what they are saying is that
since no constitutional issues were raised, the only constitutional issues presented are those at issue inherent in the work product issue, and so rejection of the work product
issue is also a rejection of any constitutional issue presented by the
work product issue.
If that sounds like gibberish, you got it. If this actually comes up, raise challenges based on the 5th and 6th Amendments, the attorney-client privilege, work product, and relevancy, as well as EC 352.
People v. Zamudio; 2008 DJ DAR 8604; DJ, 6/13/08; Cal. Supremes
