People v. Van Dyne

OPINION OF THE COURT

Patricia D. Marks, J.

*559This a decision on a motion by defense counsel seeking relief from the notice requirements of the law and granting permission to the defendant to present judicial subpoenas duces tecum ex parte. The stated basis for the request is that the defense wishes to prepare evidence in mitigation for the penalty phase of the trial as well as determine whether to present information to the prosecutor’s office in advance of their determination to file a notice of intent to seek the death penalty. The defense asserts that certain agencies have declined to release…