Can a defendant compel production of statements made to police by certain witnesses at trial?

California, United States of America


The following excerpt is from Powell v. Superior Court In and For Los Angeles County, 312 P.2d 698, 48 Cal.2d 704 (Cal. 1957):

In People v. Riser (1956), 47 Cal.2d 566, 305 P.2d 1, defendant, accused of two homicides, moved before trial for an order directing the prosecution to allow him to inspect statements made to police by certain witnesses immediately after the homicides. The motion was denied. During the trial defendant caused a subpoena duces tecum to issue commanding production of the originals of the same statements, one of which had already been referred to by a witness on cross-examination; on motion of the prosecution the subpoena was vacated on the ground that the statements were inadmissible as evidence. On appeal this court, holding (47 Cal.2d 566, 305 P.2d 15) that the trial court's view as to admissibility of the statements was without support and that it was error to vacate the subpoena, stated that (47 Cal.2d 585, 305 P.2d 12-13), 'Originally at common law the accused in a criminal action could not compel production of documents or other evidence in the possession of the prosecution. (Citation.) Production was denied before trial on the ground that to compel the prosecution to reveal its evidence beforehand would enable the defendant to secure perjured testimony and fabricated evidence to meet the state's case. It was felt, furthermore, that to allow the defendant to compel production when the prosecution could not in its turn compel production from the defendant because of the privilege against self incrimination would unduly shift to the defendant's side a balance of advantages already heavily weighted in his favor.' (Citations.)

Other Questions


Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Can a defendant challenge the testimony of a witness at trial on the grounds that an earlier out-of-court statement was the product of police coercion? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (California, United States of America)
Is it relevant and proper for a police officer to testify that he witnessed a witness identify a defendant in a lineup? (California, United States of America)
In what circumstances will police officers be allowed to question a witness in a witness statement? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Is there any case law supporting a defendant's contention that the trial court violated his constitutional right to confront witnesses in the witness box? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.