Can a defense call only three of the experts who examined appellant?

California, United States of America


The following excerpt is from People v. Coddington, 2 P.3d 1081, 23 Cal.4th 529, 97 Cal.Rptr.2d 528 (Cal. 2000):

The attorney-client privilege is "a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer." (Evid.Code, 954.) That privilege encompasses confidential communications between a client and experts retained by the defense. (Evid.Code, 952; People v. Lines (1975) 13 Cal.3d 500, 509-510, 119 Cal.Rptr. 225, 531 P.2d 793.) Neither evidence that appellant had been examined by experts other than those who testified nor evidence that the testifying experts were aware or not aware of the opinions of the nontestifying experts disclosed a confidential communication between defense counsel and appellant or appellant and any psychiatrist. Therefore, the decision of the defense to call only three of the experts who had examined appellant did not constitute the exercise of the attorneyclient privilege and comment was not precluded by Evidence Code section 913.

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