CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Attorney Work Product
.........Criminal Discovery
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Reciprocal criminal discovery provisions.
By relying on jury notes to defend a Batson/Wheeler petition, the DA put those notes at issue and impliedly waived any work product privilege.
Having called investigator as witness, D waived work product privilege for other damaging evidence within scope of direct.
Qualified work-product protection prevented defendants from obtaining witness interview report prepared by co-defendant's attorney where defendants could not demonstrate good cause for production.
Work product privilege protects only DA's impressions of witness, not actual statement of interview, which must be produced.