SHARP v. SUPERIOR COURT OF VENTURA COUNTY
In Verdin v. Superior Court (2008) 43 Cal.4th 1096 (Verdin), our Supreme Court held that the prosecution had no right to compel a mental examination of a defendant by a retained prosecution expert because such an examination is a form of discovery that is not authorized by statute or mandated by the Constitution. Here, we hold that a 2010 amendment to the California discovery law authorizes such a mental examination of a defendant who pleads not guilty by reason of insanity (NGRI). (Pen. Code,[1] § 1054.3, subd. (b), see also § 1027.)
Calvin Leonard Sharp petitions this court for a writ of mandate directing the superior court to vacate its order of January 25, 2010, granting the People's motion for a mental examination by a prosecution-retained expert. The People's motion was granted by the trial court pursuant to section 1054.3, subdivision (b)(1), a provision in the California discovery law which became effective on January 1, 2010 (section 1054.3(b).) Court issued an alternative writ and real party in interest filed a return.
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