Bullen

Petitioner, the widow of the murder victim in the underlying criminal action, seeks a writ of mandate directing respondent superior court to vacate an order compelling her to submit to defense access to her home for purposes of discovery. We shall order the writ to issue.

Real party in interest (defendant) is charged in respondent superior court with the murder of petitioner’s husband. During the investigation of the crime, the police entered and examined petitioner’s home, the scene of the alleged murder. Sixty-one photographs, four detailed diagrams and fifteen pages of reports relating to the police investigation of the crime scene have been made available to defendant through discovery.

Defendant moved in respondent court for an order compelling petitioner to admit his counsel and investigators to her home for further investigation. Over petitioner’s objection that the requested order would constitute “a profound personal violation and an intimidating invasion of [her] privacy,” respondent court granted the motion.

In relevant part the court’s order reads: “The request by the defense is granted to examine the crime scene by a defense team not to exceed two…