Funk v. Superior Court, 340 P.2d 593 (Cal. 1959). · Go Syfert
Funk v. Superior Court, 340 P.2d 593 (Cal. 1959). Cases Citing This Book View Copy Cite
107 citation events (2 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 1959 → 2026 · click a year to view as-of
1959 1992 2026
Cited for
52 Cal. 2d at 424 Right to pre-trial discovery of witness statements15 citing cases“there is no sound basis for applying a different rule merely because production is requested prior to, rather than during, trial”1 citing court quotes it
  • Hines v. Superior Court, 20 Cal. App. 4th 1818 (Cal. Ct. App. 1993).published
    (Compare § 1054.1, subd. (f) with § 1054.3, subd. (a).) We note, however, that the limitation of discovery contained in section 1054, subdivision (e) to that provided by the new statute excepts discovery provided by “other express statutor…
  • Craig v. Superior Court, 54 Cal. App. 3d 416 (Cal. Ct. App. 1976).published 2 cites
    Rather it is the People's position that they have already afforded full discovery to Craig and that such discovery should suffice. [2] (6) This contention ignores the holdings of the decisions that articulate the rule that a defendant's ri…
  • JOE Z. v. Superior Court, 478 P.2d 26 (Cal. 1970).published
    In view of our determination that petitioner’s statements were discoverable without regard to the state *801 of his recollection thereof, we need not resolve this factual question nor reach the issue whether requiring either form of affida…
  • Cohen v. Mun. Court, 250 Cal. App. 2d 861 (Cal. Ct. App. 1967).published
    (Powell v. Superior Court, 48 Cal.2d 704, 707-708 [ 312 P.2d 698 ]; Vance v. Superior Court, 51 Cal.2d 92, 93 [ 330 P.2d 773 ]; Tupper v. Superior Court, 51 Cal.2d 263, 265 [ 331 P.2d 977 ]; Funk v. *866 Superior Court, 52 Cal.2d 423, 424…
  • Shively v. Stewart, 421 P.2d 65 (Cal. 1966).published
    (See Funk v. Superior Court, 52 Cal.2d 423, 424 [ 340 P.2d 593 ].) Moreover, when, as in this ease, a busy professional board must be assembled to hear the charges, it is of the utmost importance that full preparation be promoted so that n…
  • People v. Aranda, 407 P.2d 265 (Cal. 1965).published 2 cites
    (See generally People v. Garner, 57 Cal.2d 135, 142 [ 18 Cal.Rptr. 40 , 367 P.2d 680 ]; Funk v. Superior Court, 52 Cal.2d 423, 424 [ 340 P.2d 593 ].) Without such information, a defendant, such as Aranda, would be unable to take the steps…
  • In Re Waltreus, 397 P.2d 1001 (Cal. 1965).published
    (Funk v. Superior Court, 52 Cal.2d 423, 424 [340 P.2d 593]; People v. Chapman, 52 Cal.2d 95, 98 [ 338 P.2d 428 ]; People v. Riser, 47 Cal.2d 566, 586 [ 301 P.2d 1 ], cert. den. 353 U.S. 930 [ 77 S.Ct. 721 , 1 L.Ed.2d 724 ].) When, however,…
  • People v. Young, 224 Cal. App. 2d 420 (Cal. Ct. App. 1964).published
    Even if appellant were entitled to discover and inspect the notes made by the deputy district attorney during the interview with the witness Ronda Winn (see Funk v. Superior Court, 52 Cal.2d 423, 424-425 [ 340 P.2d 593 ]; People v. Riser,…
  • Jones v. Superior Court, 372 P.2d 919 (Cal. 1962).published 2 cites
    (People v. Estrada, 54 Cal.2d 713, 716 [ 7 Cal.Rptr. 897 , 355 P.2d 641 ]; People v. Cooper, 53 Cal.2d 755, 768-771 [ 3 Cal.Rptr. 148 , 349 P.2d 964 ]; Cash v. Superior Court, 53 Cal.2d 72, 74-76 [ 346 P.2d 407 ]; Funk v. Superior Court, 5…
  • Vetter v. Superior Court, 189 Cal. App. 2d 132 (Cal. Ct. App. 1961).published 2 cites
    The right of a defendant in a criminal case to pretrial inspection of statements made by such defendant and by other witnesses has been the subject of a number of cases in our reviewing courts, among which may be mentioned Powell v. Superi…
Show 5 more citing cases
  • People v. Estrada, 355 P.2d 641 (Cal. 1960).published
    (Funk v. Superior Court, 52 Cal.2d 423, 424 [ 340 P.2d 593 ]; People v. Chapman, 52 Cal.2d 95, 98 [ 338 P.2d 428 ].) As pointed out in the Chapman case, the value of obtaining such a statement is that it may contain contradictions of the t…
  • People v. Cooper, 349 P.2d 964 (Cal. 1960).published
    (Funk v. Superior Court (1959), 52 Cal.2d 423, 424 [2a] [ 340 P.2d 593 ] ; Vance v. Superior Court (1958), 51 Cal.2d 92, 93 [1] [ 330 P.2d 773 ].) And “to obtain production of the prior statement of a prosecution witness, a defendant is no…
  • People v. Norman, 177 Cal. App. 2d 59 (Cal. Ct. App. 1960).published
    It is settled in this state that prior to trial and during the course of the trial an accused can compel the People to permit inspection and copying or to produce in court: written statements of the accused (Powell v. Superior Court, 48 Ca…
  • People v. Clinesmith, 346 P.2d 923 (Cal. App. Dep’t Super. Ct. 1959).published 2 cites
    Moreover, in view of People v. Chapman (1959), 52 Cal.2d 95, 98 [ 338 P.2d 428, 430 ], and Funk v. Superior Court (1959), 52 Cal.2d 423, 424 [ 340 P.2d 593, 594 ], it is clear that the materiality and relevancy of the things the chief of p…
  • Norton v. Superior Court, 343 P.2d 139 (Cal. Ct. App. 1959).published
    “there is no sound basis for applying a different rule merely because production is requested prior to, rather than during, trial”
340 P.2d at 594 cited at this page2 citing cases
  • People v. Galeano Centeno, 83 P.R. 500 (1961).published
    Cf. Funk v. Superior Court, 340 P.2d 593, 594 (1959), where, a contrario sensu, it was said that there is no sound basis for applying a different rule merely because production is requested prior to, rather than during, the trial.
  • Pueblo v. Galeano Centeno, 83 P.R. Dec. 521 (1961).published
    Cf. Funk v. Superior Court, 340 P.2d 593, 594 (1959), en donde a contrario sensu, se indicó que no existe una base racional para aplicar una re-gla diferente meramente por el hecho de que la entrega de la declaración se exija antes, y no d…
52 Cal. 2d at 425 588 [305 P.2d 1].) Insofar as the eases of People v. Glaze, 139 Cal. 154, 157-158 [72 P. 965], and People v. Kostal, 159 Cal.App.2d 444, 449-450 [323 P.2d…2 citing casesopening of page *425 (no citing court says what it cites this page for)
  • People v. Cahill, 853 P.2d 1037 (Cal. 1993).published 2 cites
    Lastly—and of particular significance here—we deemed harmless errors bearing on the admission or exclusion of evidence in cases such as People v. Lee Chuck (1889) 78 Cal. 317, 321 [ 20 P. 719 ]; People v. Nelson (1890) 85 Cal. 421, 425, 42…
  • People v. Terry, 466 P.2d 961 (Cal. 1970).published 2 cites
    Terry concedes that escape from jail pending trial is ordinarily admissible as an indication of consciousness of guilt (e.g., People v. Burnett, 251 Cal. App.2d 651, 654-655 [ 59 Cal. Rptr. 652 ]; People v. Kostal, 159 Cal. App.2d 444, 451…
Other citing cases1 with no pin cite or quoted language on record
  • State v. McGee, 370 P.2d 261 (Ariz. 1962).published Cited "but see" · 2 cites
ERNEST M. FUNK, Petitioner,
v.
SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent
L. A. 25404.
California Supreme Court.
Jun 26, 1959.
Published opinion
340 P.2d 593
1959 Cal. LEXIS 219
ERNEST M. FUNK, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.
Gibson.
Cited by 48 opinions  |  Published
GIBSON, C. J.

Petitioner was accused of having performed abortions in violation of section 274 of the Penal Code. At the preliminary hearing two women upon whom abortions[*424] were allegedly performed and the brother of one of them testified for the prosecution. On cross-examination it was shown that these witnesses had previously given oral statements to police officers relating to the matters covered in their testimony, that two of the statements had been recorded through the use of a stenotype machine, and that the third had been written by an officer in longhand. After being bound over to the superior court, petitioner, based on this showing, moved for an order directing that he be allowed to examine the original notes made by the officers and to inspect and copy written statements prepared from the notes. The motion was denied, and, upon petitioner’s application to this court for relief, we issued an order to show cause why an appropriate writ should not be granted.

The showing made by petitioner is sufficient to entitle him to production of the documents he wishes to inspect. It is settled that, during trial, an accused can compel the People to produce written statements of prosecution witnesses relating to the matters covered in their testimony. (People v. Chapman, ante, pp. 95, 98 [338 P.2d 428]; People v. Riser, 47 Cal.2d 566, 585 et seq. [305 P.2d 1].) As recent decisions of this court illustrate, there is no sound basis for applying a different rule merely because production is requested prior to, rather than during, trial. Powell v. Superior Court, 48 Cal.2d 704, 707-708 [312 P.2d 698], established that an accused has the right, before trial, to obtain written statements made by him to police officers. In Vance v. Superior Court, 51 Cal.2d 92, 93 [330 P.2d 773], where a petitioner who was charged with violating section 288 of the Penal Code sought certain tape recordings for the purpose of refreshing his recollection prior to trial, we issued mandamus to compel the production not only of his own statements recorded by the police during interrogation but also of recordings which officers made of their conversation with the alleged victim and played to the petitioner while they were questioning him. And in Tupper v. Superior Court, 51 Cal.2d 263, 265 [331 P.2d 977], we recognized that it is error to deny production of a statement of a prosecution witness where there is a "proper motion before trial.”

In laying a foundation for production of the documents, .petitioner was not required to show that the statements prepared by the police had been signed or otherwise acknowledged by the witnesses as accurate transcriptions of what was said orally. (People v. Riser, 47 Cal.2d 566, 587-[*425] 588 [305 P.2d 1].) Insofar as the eases of People v. Glaze, 139 Cal. 154, 157-158 [72 P. 965], and People v. Kostal, 159 Cal.App.2d 444, 449-450 [323 P.2d 1020], are to the contrary, they are disapproved.

Let a writ of mandate issue directing respondent to set aside its denial of petitioner’s motion for production of the notes and statements in question and to issue an order permitting petitioner to inspect and copy them.

Shenk, J., Traynor, J., Schauer, J., Spence, J., McComb, J., and Peters, J., concurred.

Respondent’s petition for a rehearing was denied July 22, 1959.