Hubbard v. Superior Court of Ventura Cty.

Opinion

YEGAN, J.

Here we hold that the prosecutor is not entitled to discover notes prepared by a defense investigator that relate to an interview of a “prosecution” witness unless and until the defense announces an intent to call the defense investigator as a witness. Stated another way, the defense is not required to disclose statements it obtains from prosecution witnesses that may be used to refute the prosecution’s case during cross-examination.

Petitioner was charged with attempted murder and kidnapping. During the cross-examination of Tom Smith, one of the victims, defense counsel sought…