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Mental Examinations of Defendants

Sharp v. Superior Court, California Court of Appeal, 2d Dist. Div. 6, B222025, Jan. 18:

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.)
It is good to see that California's legislators actually got it right on this.  Now we need them to enact Park Dietz's suggestion that all mental examinations by either side be fully video recorded.

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