People v. Worthy

51 Citing cases

  1. People v. Washington

    34 Cal.App.5th 311 (Cal. Ct. App. 2019)   Cited 3 times
    Finding no equal protection issue with respect to charging discovery costs to an indigent defendant where a third party, who retained counsel for him under a written agreement, agreed to pay such costs

    Given this material factual distinction, Tran does not control. Defendant also cites People v. Worthy (1980) 109 Cal.App.3d 514, 167 Cal.Rptr. 402 for the principle that defendant’s indigence alone qualified him for full coverage of all necessary ancillary expenses. In Worthy , an indigent defendant was represented by a private attorney whom the defendant had agreed to pay, but who told the court he was "serving pro bono, because appellant was destitute."

  2. Tran v. Superior Court of Orange County

    92 Cal.App.4th 1149 (Cal. Ct. App. 2001)   Cited 16 times
    Considering Cal. Penal Code § 987.9

    The right to counsel includes the right to [ancillary services] that will assist counsel in preparing a defense." ( Anderson v. Justice Court (1979) 99 Cal.App.3d 398, 401; accord Corenevsky v. Superior Court (1984) 36 Cal.3d 307, 319; see also People v. Worthy (1980) 109 Cal.App.3d 514, 519 [constitutional right to such services in noncapital cases; due process and equal protection are also implicated].) The defendant must make an adequate showing of need for such services ( Corenevsky v. Superior Court, supra, 36 Cal.3d at p. 320), but the superior court does not question Tran's showing.

  3. People v. Young

    189 Cal.App.3d 891 (Cal. Ct. App. 1987)   Cited 65 times
    In Young, the defendant was convicted of first degree murder after he drove onto a sidewalk and struck a number of pedestrians, killing one.

    "But within the rule just stated is its limitation: the burden is on the defendant to make a showing of need, before the court is required to appoint an expert." ( People v. Worthy (1980) 109 Cal.App.3d 514, 521 [ 167 Cal.Rptr. 402].) It is only necessary ancillary services to which an indigent is entitled.

  4. Casey F. v. Lockyer

    44 F. App'x 125 (9th Cir. 2002)

    However, California law provides generally for court-appointed necessary expert services for defendants who establish indigency. SeePeople v. Worthy, 109 Cal.App.3d 514, 167 Cal.Rptr. 402, 406 (Ct.App.1980). As far as Casey's counsel was concerned, however, Casey was not indigent.

  5. Sanders v. Frauenheim

    Case No. 17-05008 BLF (PR) (N.D. Cal. Aug. 8, 2018)

    Thus, in order to support a request for the appointment of an expert witness, a defendant must show both that he is indigent and that the witness is necessary to his defense. (Corenevsky v. Superior Court (1984) 36 Cal.3d 307, 319-320; People v. Worthy (1980) 109 Cal. App. 3d 514, 520.) The decision whether to grant a defendant's request for the appointment of an expert witness rests within the sound discretion of the trial court.

  6. Geren v. Cate

    No. 2:05-cv-01344-JKS-GGH (E.D. Cal. Jan. 31, 2012)

    In making the ruling, the court shall be guided by the need to provide a complete and full defense for the defendant. Cal. Penal Code § 987.9 (extended to all cases by People v. Worthy, 167 Cal. Rptr. 402, 405-06 (Cal. Ct. App. 1990)). Cal. Penal Code § 987.9 (extended to all cases by People v. Worthy, 167 Cal. Rptr. 402, 405-06 (Cal. Ct. App. 1990)).

  7. Moore v. State

    390 Md. 343 (Md. 2006)   Cited 52 times
    Holding that evidence of prior bad acts of a witness “did not exculpate [the defendant], but rather only made it more likely that [the witness] was [also] involved”

    Courts from other jurisdictions have held that a defendant is entitled to State-funded expert services in circumstances comparable to the petitioner's, as well as when a defendant is being represented pro bono. See, e.g., Ex parte Sanders, 612 So.2d 1199, 1201 (Ala. 1993) (holding indigent defendant has right to public funds to hire expert although represented by counsel retained by family); Dubose v. State, 662 So.2d 1189, 1191 (Ala. 1995) (following Sanders); People v. Worthy, 109 Cal.App.3d 514, 167 Cal.Rptr. 402, 406 (1980) (concluding that, upon a proper showing of necessity, trial court must provide an indigent defendant expert services, without regard to whether his counsel is appointed or pro bono); People v. Evans, 271 Ill.App.3d 495, 208 Ill.Dec. 42, 648 N.E.2d 964, 969 (1995) (concluding that indigent defendant entitled to expert witness funding although represented by private law firm where services provided on pro bono basis); English v. Missildine, 311 N.W.2d 292, 293-94 (Iowa 1981) (holding Sixth Amendment authority for furnishing investigative services at public expense without regard to whether indigent represented by private counsel); State v. Jones, 707 So.2d 975, 977-78 (La. 1998) (holding, although indigent defendant was represented by counsel retained by defendant's father, he was eligible for state-funded necessary services); State v. Seifert, 423 N.W.2d 368, 371 (Minn. 1988) (holding that an indigent pro se criminal appellant must be given access to a trial transcript on a limited ba

  8. People v. Danielson

    3 Cal.4th 691 (Cal. 1992)   Cited 151 times
    Rejecting similar arguments regarding evidence of a past killing that showed malice or premeditation when the defendant had been convicted of voluntary manslaughter for the killing

    According to defendant, Dr. Coleman's testimony was contrary to state and federal law recognizing that psychiatric opinions may be helpful to the court and jury. (See, e.g., § 987.9; Ake v. Oklahoma (1985) 470 U.S. 68 [84 L.Ed.2d 53, 105 S.Ct. 1087]; People v. Worthy (1980) 109 Cal.App.3d 514 [ 167 Cal.Rptr. 402].) We had occasion to consider similar testimony by Dr. Coleman in People v. Babbitt (1988) 45 Cal.3d 660, 698-700 [ 248 Cal.Rptr. 69, 755 P.2d 253] (hereafter Babbitt), in the course of ruling on a claim of prosecutorial misconduct arising from the prosecutor's reliance on Dr. Coleman's testimony to disparage opinions by defense experts.

  9. People v. Crandell

    46 Cal.3d 833 (Cal. 1988)   Cited 709 times
    Holding where the record does not demonstrate in a noncapital case that the refusal to grant the request to appoint standby counsel would have been an abuse of discretion, Bigelow is distinguishable, and the failure of a court to exercise its discretion does not warrant per se reversal

    A defendant seeking appointment of an expert under Evidence Code section 730 must make a showing of need and the decision to grant or deny the request rests in the sound discretion of the trial court. ( People v. Worthy (1980) 109 Cal.App.3d 514, 521 [ 167 Cal.Rptr. 402]; Collins v. SuperiorCourt (1977) 74 Cal.App.3d 47, 52 [ 141 Cal.Rptr. 273].) These same principles govern a request for appointment of advisory counsel.

  10. Corenevsky v. Superior Court

    36 Cal.3d 307 (Cal. 1984)   Cited 158 times
    Recognizing that requests for experts usually occur prior to the commencement of trial when a defendant is still preparing a defense

    A right to ancillary defense services will thus arise if Corenevsky has demonstrated the need for such services by reference to "`the general lines of inquiry he wishes to pursue, being as specific as possible.'" ( Faxel, supra, 91 Cal.App.3d at p. 330; People v. Worthy (1980) 109 Cal.App.3d 514, 520-521 [ 167 Cal.Rptr. 402].) Although such motions can be granted only if supported by a showing that the investigative services are reasonably necessary ( Puett, supra, 96 Cal.App.3d at p. 939), it has been recognized that because of the early stage at which the request typically arises, it will often be difficult for counsel to demonstrate a clear need for such funds.