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Keywords

defendantdiscoverytrialself-incriminationjury instructions
defendantdiscoveryappealtrialprosecutor

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People v. Collie, 30 Cal.3d 43, 634 P.2d 534, 177 Cal.Rptr. 458, 23 A.L.R.4th 776

Facts

On July 6, 1978, Bertram Collie visited his estranged wife and, after she refused his advances, he bound her and forcibly sodomized her. He then attempted to create a gas leak in the house before leaving. His wife managed to free herself and discovered the danger. During the trial, a defense witness, Cynthia Morris, was cross-examined about her prior statements to a defense investigator, leading to a discovery order that the defense contested.

On the evening of July 6, 1978, defendant Bertram Collie visited his estranged wife at her residence, as he had often done before. She and her daughter were in the bedroom watching television and, as defendant entered, the daughter retired to her own room, where she remained for the evening.

Issue

Did the trial court err in granting the prosecution's request for discovery of notes prepared by the defense investigator, and did the jury instructions regarding specific intent for attempted murder constitute reversible error?

This case presents a variation on a theme with which the Courts of Appeal have been struggling for over a decade without our direct guidance: under what circumstances does Prudhomme v. Superior Court (1970) 2 Cal.3d 320, 85 Cal.Rptr. 129, 466 P.2d 673, justify prosecutorial discovery of pretrial statements made by defense witnesses to defense investigators?

Rule

The court ruled that the privilege against self-incrimination does not shield a defendant from compelled disclosures that could assist the prosecution, and specific intent is a necessary element for a conviction of attempted murder.

We hold that the trial court erroneously ordered discovery of the witness's prior statement.

Analysis

The court found that the trial court's order for discovery of the defense investigator's notes was erroneous but did not prejudice the defendant's case. The court also determined that the jury was improperly instructed regarding the necessity of specific intent for attempted second-degree murder, which affected the validity of that conviction.

The reasoning of Reynolds dictates that we disapprove the trial court's order and all other judicial attempts to frame prosecutorial discovery orders, and refrain from attempting ourselves to articulate a unitary principle on which discovery by the People can be based.

Conclusion

The court affirmed the conviction for attempted first-degree murder but reversed the conviction for attempted second-degree murder due to the instructional error.

Affirmed in part and reversed in part.

Who won?

The prevailing party was the defendant in part, as the court reversed the conviction for attempted second-degree murder due to instructional error.

The court affirmed the conviction for attempted first-degree murder but reversed the conviction for attempted second-degree murder due to the instructional error.

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