Can a defendant refuse to disclose the identity of a witness at trial?

California, United States of America


The following excerpt is from Izazaga v. Superior Court, 285 Cal.Rptr. 231, 54 Cal.3d 356, 815 P.2d 304 (Cal. 1991):

1 Indeed, in Taylor v. Illinois (1988) 484 U.S. 400, 415 at footnote 20, 108 S.Ct. 646, 656 at footnote 20, 98 L.Ed.2d 798, the high court has acknowledged that in certain instances a defendant may refuse to disclose witnesses: "There may be cases in which a defendant has legitimate objections to disclosing the identity of a potential witness." Though Penal Code section 1054.7 makes provisions for defendants to refuse to disclose information where "good cause is shown why a disclosure should be denied, restricted or deferred," the majority's analysis forecloses the possibility that any evidence the defendant "intends to use at trial" can be withheld from production.

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