Finley

These two cases arise out of the same events in the trial court involving the same order in a pending criminal prosecution; we deal with both cases, in this one opinion.

Petitioner Finley has been charged with murder and with assault with intent to kill. Originally, on March 2, 1972, he pled not guilty and his counsel asked for and was granted the appointment of a psychiatrist (Dr. Pollack) pursuant to sections 730, 952 and 1017 of the Evidence Code “for a confidential examination of the defendant to be furnished me for the purpose of determining whether or not an additional plea would be appropriate in this case.”

Thereafter, on March 23, 1972, he entered the additional plea of not guilty by reason of insanity. At his suggestion, three additional psychiatrists were appointed, under section 1027 of the Penal Code. On April 21, 1972, at the suggestion of defense counsel, a psychologist was appointed to conduct certain tests of defendant. That order of appointment specifically provided that the results of the tests conducted under that appointment were not confidential and were to be made available to all four previously appointed psychiatrists. On May 11, 1972, both the…