Staff reviewed
PEOPLE V. SUPERIOR COURT
— STAFF
Based on a review of the statutory language, we conclude courts have no such authority in the context of diversion because a defendant moving therefor does not “place[] in issue his or her mental state at any phase of the criminal action … through the proposed testimony of any mental health expert.”
Cal. Ct. App. · denied
Whether a court may order a defendant seeking pretrial mental health diversion to submit to examination by a prosecution-retained expert.
https://www.courtlistener.com/opinion/10975853/people-v-superior-court/