California Supreme Court,
Constitutional Law
Apr. 21, 2016
Where does the right to obtain evidence prior to trial fall?
Harmonizing competing legal rights is a little like playing the card game "War": Whichever card or right has the highest rank wins. But the two are not identical because, unlike a playing card, the "face value" of a legal right can change.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
Harmonizing competing legal rights is a little like playing the card game "War": Whichever card or right has the highest rank wins. But the two are not identical because, unlike a playing card, the "face value" of a legal right can change. In fact, the California Supreme Court is in the midst of deciding whether to change the value of a criminal defendant's right to obtaining privileged evidence prior to trial. Right now, that right has no value prior to trial. But Facebook Inc. v. Sup...
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