In Re Misener

Opinion

MOSK, J.

In this case we must decide whether Penal Code section 1102.5 (hereinafter section 1102.5) is constitutional. The section permits the prosecution in a criminal case to discover from the defendant or his counsel, following testimony on direct examination of defense witnesses other than the defendant, prior statements made by those witnesses. We conclude that the statute is unconstitutional because it violates that aspect of the defendant’s privilege against self-incrimination requiring the prosecution to carry the entire burden of proving the defendant’s guilt. Section 1102.5…