No. 18-5545

Carlos David Lopez v. California

Lower Court: California
Docketed: 2018-08-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compulsory-process confrontation-clause due-process effective-assistance-of-counsel mental-health-records plea-bargaining right-to-compulsory-process right-to-confrontation right-to-counsel sixth-amendment
Key Terms:
DueProcess Privacy
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Does a trial court's refusal to review privileged mental health records of the complaining witness violate the defendant's Sixth Amendment rights?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does atrial court’s refusal to review privileged mental health records of the complaining witness during plea negotiations violate the Sixth Amendment right to the effective assistance of counsel, particularly where the defendant is potentially facing a life sentence if he does not enter a plea? 2. Doesatrial court’s refusal to review privileged mental health records of the complaining witness prior to trial violate the Sixth Amendment right to confront witnesses? 3. Does atrial court’s refusal to review privileged mental health records of the complaining witness prior to trial violate the Sixth Amendment right to compulsory process? 4. Docriminal defendants have a due process right to have a court review privileged mental health records of the complaining witness prior to trial? 1

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-08-16
Waiver of right of respondent The People of the State of California to respond filed.
2018-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)

Attorneys

Carlos Lopez
Paul Richard KlevenLaw Office of Paul Kleven, Petitioner
Paul Richard KlevenLaw Office of Paul Kleven, Petitioner
The People of the State of California
Catherine Amy RivlinCA Department of Justice, Respondent
Catherine Amy RivlinCA Department of Justice, Respondent