People v. Alvarez
Annotate this CaseIn 2008 Alvarez pled not guilty by reason of insanity (NGI) to felony assault with a firearm on a firefighter or peace officer, with a firearm enhancement, and was committed to Napa State Hospital for a maximum commitment term of 18 years. His case remained largely inactive other than for the submission of periodic reports, Penal Code section 1026(f), until June 2017, when Alvarez’s attorney issued subpoenas to Napa State Hospital under Alvarez’s 2008 criminal case number, requesting extensive information. Alvarez did not file any petition or proceeding in connection with the subpoenas. Nor did he move to re-open discovery or otherwise seek permission to serve the subpoenas. The court granted motions to quash, reasoning that it continued to have jurisdiction over issues pertaining to defendant’s confinement but a confined NGI defendant cannot promulgate wide-ranging discovery on third parties that is not relevant to any existing controversy. The court of appeal affirmed. A court’s continuing jurisdiction over NGI cases does not support a generalized right of defendants to promulgate discovery to third parties unrelated to any active legal matter.
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