Reynaldo A. Maldonado, Petitioner v. the Superior Court of San Mateo County, Respondent; the People, — Liu, J…

Summary

The concurrence agrees that the Fifth and Sixth Amendments did not require additional protective measures for the prosecution's proposed mental examination in this case. It emphasizes, however, that trial courts retain discretion to impose protections when an examination could be misused beyond rebutting a mental health defense. The concurrence also explains that the prosecution bears the burden of showing an independent source for evidence used outside rebuttal.