Does a trial court have a duty to consult with the press or consult the press at hearings regarding whether or not to disclose evidence prior to trial?

California, United States of America


The following excerpt is from Rosato v. Superior Court, 124 Cal.Rptr. 427, 51 Cal.App.3d 190 (Cal. App. 1975):

Moreover, the trial court does not have a duty to consult with the press or to allow them representation at hearings regarding whether or not to disclose evidence prior to trial. In Allegrezza v. Superior Court, supra, 47 Cal.App.3d 948, 121 Cal.Rptr. 245, the trial court refused to permit an In camera hearing away from the press and public to determine the voluntariness of a confession pursuant to Evidence Code section 402, subdivision (b). The appellate court issued a peremptory writ requiring an in-chambers hearings and in the course of that opinion made the following observation, with which we agree:

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