Can an attorney advise an appellant to refuse to give the handwriting exemplar?

California, United States of America


The following excerpt is from People v. Collier, 44 Cal.Rptr. 465 (Cal. App. 1965):

'* * * an attorney could not have advised appellant to refuse to give the handwriting exemplar. It has long been held a handwriting exemplar is not within the privilege against self-incrimination. People v. Matteson, 61 A.C. 511, 514 [61 Cal.2d 466, 39 Cal.Rptr. 1, 393 P.2d 161]; People v. Harper, supra. It would have been improper for appellant to refuse to have submitted the sample of his handwriting, and no attorney would have advised him to do that.'

With that statement we must disagree. In People v. Matteson, supra, 61 Cal.2d 466, at page 469, 39 Cal.Rptr. 1, at page 3, 393 P.2d 161, at page 163 cited by respondent, it is said:

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