California Supreme Court

Calvin Leonard Sharp, Petitioner v. the Superior Court of Ventura County, Respondent; the People, Real Party In…

May 31, 201254 Cal. 4th 168

Summary

The court held that Penal Code section 1054.3, subdivision (b)(1), authorizes a trial court to compel a defendant who has pleaded not guilty by reason of insanity to undergo examination by a prosecution-retained mental health expert. The court reasoned that the statute applies whenever the defendant places mental state at issue at any phase of the criminal action, and that the provision governing court-appointed experts does not specifically address prosecution-retained experts. The Court of Appeal's denial of relief was affirmed.