DE JESUS VERDIN v. Superior Court of Riverside County

Petitioner, who stands charged with attempted premeditated murder as well as various other felony offenses, has announced his intention to rely on a “diminished actuality” defense. (See People v. Steele (2002) 27 Cal.4th 1230, 1253 [ 120 Cal.Rptr.2d 432 , 47 P.3d 225 ].) That is, he intends to argue that as a result of his voluntary intoxication or mental condition, he did not actually entertain the requisite mental state for the charged crimes. In support of this defense, he intends to rely on the expert testimony of Dr. Francisco Gomez, a psychiatrist who examined him and has formed opinions regarding his mental state at the time of the crimes. The prosecution naturally seeks pretrial discovery of Dr. Gomez’s interview notes and final report. It also seeks something more.

We decide in this case whether a trial court may order petitioner, a criminal defendant, to grant access for purposes of a mental examination, not to a court-appointed mental health expert, but to an expert retained by the prosecution. We conclude the Court of Appeal erred in concluding the court was authorized to issue such an order. We therefore reverse the appellate court’s denial of a writ of…