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Law Practice,
California Supreme Court

Dec. 3, 2021

DA’s jury selection notes not protected work product

Santa Clara County Deputy District Attorney Jeff H. Rubin, who represented the district attorneys association, said Thursday the court’s ruling assuaged the majority of the prosecutors’ concerns regarding the trial court’s original order, but said the justices left one important question unanswered: whether an attorney’s opinions or impressions of a juror are covered by work product protection.

The California Supreme Court affirmed on Thursday a San Diego judge's order granting a convicted killer's appellate counsel access to the prosecution's jury selection notes, rejecting the district attorney's argument that the notes are shielded from disclosure as attorney work product.

The case drew amicus curiae briefs from the California District Attorneys Association and the California Public Defenders Association....

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