CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney Work Product
.........Criminal Discovery
5 Cards On This Topic:
  • 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.