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Not All Subpoenaed Documents Need to be Turned Over to the Prosecution

By Walin & Klarich

A recent California Appeals court case (Kling v. Superior Court) held that the prosecution is not always entitled to view or even be present when the court is opening documents that have been subpoenaed by the defense. The court points to Penal Code Section 1326(c) in its opinion and then adds to it some relevant case law. Penal Code Section 1326(c) provides, in relevant part, ?When a defendant has issued a subpoena to a person or entity that is not a party for the production of books, papers, documents, or records, or copies thereof, the court may order an in camera hearing to determine whether or not the defense is entitled to receive the documents. The court may not order the documents disclosed to the prosecution except as required by Section 1054...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 16, 2010 (boomark / email).