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Mental Health Expert Shall be Appointed in Criminal Case - California Penal Code Section 1054.3

By Walin & Klarich

In response to Verdin v. Superior Court (2008) 43 Cal.4th 1096, which has held that when the defendant raises a ?diminished actuality? defense and places his mental state at issue, the court could not order him to submit a mental health examination to the prosecution. The California legislature amended Penal Code 1054.3, subdivision (b), authorizing the prosecution to submit a defendant to examination by a prosecution-retained mental health expert. The discovery statute applies with equal force to both adult defendants in a criminal action and minors in a juvenile proceeding. The prosecution will bear the cost of any such mental health expert's fees for examination and testimony at a criminal trial or juvenile court proceeding. It is required to submit a list of tests proposed by the prosecution expert to be administered to the defendant...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 14, 2010 (boomark / email).