Teal v. Superior Court

California Court of Appeal Apr 2, 2004 No. D043340Published

Before: McINTYRE

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Holding. The court held that a trial court abuses its discretion by ordering a defendant to disclose subpoenaed third-party materials to the prosecution before the defendant decides to use them at trial, as this violates the defendant's constitutional rights. Additionally, the court held that a defendant is entitled to the contact information of a percipient witness contained within subpoenaed records, even if the records themselves are otherwise protected.

Issues

Whether a trial court may compel a defendant to disclose subpoenaed third-party materials to the prosecution prior to the defendant's decision to use them at trial.
Whether a defendant is entitled to the contact information of a percipient witness contained within subpoenaed personnel records.

Disposition. remanded

Quotations verified verbatim against the opinion

“the trial court abused its discretion in ordering defense counsel to provide the subpoenaed materials to the prosecution and that the error impinged upon Teal’s constitutional rights.”

“it is inappropriate to give a defendant “the Hobson’s choice of going forth with his discovery efforts and revealing possible defense strategies and work product to the prosecution”

“Teal is entitled to disclosure of the name, address and telephone number of the security guard who witnessed the incident”

[490]

Opinion

McINTYRE, J.

Charles Terry Teal II issued third party subpoenas seeking material to assist in defending criminal charges filed against him. After an in camera review, the trial court allowed defense counsel to obtain some of the subpoenaed material, but ordered her to provide copies of this material to the prosecution. Teal filed a petition for a writ of mandate seeking review of the portion of this order requiring divulgence of the discovered information and denying his request for certain information relating to a percipient witness to the incident. We grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

Teal was charged with attempted murder, battery causing great bodily injury and assault by means likely to cause great bodily injury after he allegedly threw a man off the third floor balcony of a motel. A motel security guard saw the incident and identified Teal.

Teal made an informal request to have the prosecution produce, among other things, criminal records (rap sheets) for prosecution witnesses under Penal Code section 1054 et al. (All statutory references are to this code.) Defense counsel moved for discovery after she was unable to obtain the material based on her informal request. (§ 1054.5, subd. (b).) The trial court granted the motion in part, but denied the request for the rap sheets. Teal then served a subpoena duces tecum on the Los Angeles Sheriff’s Department (the Sheriff) and the Los Angeles Police Department (LAPD) seeking records on Teal, the victim and two other individuals. Teal also subpoenaed records from the motel seeking, among other things, the names, addresses and telephone numbers of witnesses to the incident.

The records were subpoenaed directly to the court, and the trial judge reviewed the documents out of the presence of the prosecution. The court allowed defense counsel to obtain the LAPD records, but required her to provide copies of these records to the prosecution. The trial court also refused to release the motel records on the ground they were personnel records of the witness. Teal filed this petition seeking a stay of both the record production to the prosecution and the trial. We granted the stay and issued an order to show cause why the relief sought should not be granted.

Teal v. Superior Court

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FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

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