California Court Holds Subpoenas Ineffective If Factual Basis for Materiality Lacking in Civil Commitment Hearing
The Court found that each of the district attorney's declarations merely stated a legal conclusion that the documents requested were material to the proceedings, but lacked any factual bases for their materiality. Nonetheless, to the extent the subpoenas sought medical and psychological records already deemed by the legislature to be material in SVPA proceedings pursuant to Welf. & Inst. Code, § 6603, subd. (c)( 1), the district attorney's access to those records was not dependent upon the issuance of a subpoena.
Source: Lee v. Superior Court of Orange County (People), California Court of Appeal, Fourth Appellate District (Div. 3), G041511, filed Sept. 9, 2009.
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Related legal case
Lee v. Superior Court of Orange County (People)
|Cite||California Court of Appeal, Fourth Appellate District (Div. 3), G041511, filed Sept. 9, 2009|
|Level||State Court of Appeals|