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
Latest Conference: 2018-10-05
Question Presented (from Petition)

Does a trial 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?

Does a trial court's refusal to review privileged mental
health records of the complaining witness prior to
trial violate the Sixth Amendment right to confront
witnesses?

Does a trial court's refusal to review privileged mental
health records of the complaining witness prior to
trial violate the Sixth Amendment right to compulsory
process?

Do criminal defendants have a due process right to
have a court review privileged mental health records
of the complaining witness prior to trial?

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?

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
The People of the State of California
Catherine Amy RivlinCA Department of Justice, Respondent