What is the test for a criminal defendant to obtain access to privileged documents?

I concur in the judgment. As indicated by my concurring and dissenting opinion in People v. Webb (1993) 6 Cal.4th 494, 537, 24 Cal.Rptr.2d 779, 862 P.2d 779, I am of the view that the Sixth Amendment affords criminal defendants a right to pretrial discovery of privately held and privileged documents when discovery is necessary to a fair trial. To invoke the right, however, a criminal defendant must first make a showing of good cause for discovery. In this context, good cause means a reasonable likelihood that the documents contain information that is both

Page 10