State v. Cook

The defendant James Cook was arrested and later indicted on murder charges. While in custody he was examined by psychiatrists designated by the State. In due course they submitted their medical reports which are now in the possession of the county prosecutor. Assigned defense counsel moved for an order (1) appointing a duly qualified physician to conduct a psychiatric examination of the defendant and (2) directing that the prosecutor permit him to examine the States medical reports. After hearing argument, the trial court designated Dr. Stern "to conduct a psychiatric examination of the defendant for the purpose of determining his mental competency and to assist the defendants counsel in the case." It denied the motion for examination of the States medical reports and leave to appeal from this denial was granted. Briefs were submitted and the matter was duly argued. In the meantime, Dr. Stern examined the defendant and submitted his report to defense counsel who now offers to permit its inspection on condition that he be permitted inspection of the States medical reports. The prosecutor has rejected this offer, contending that the trial courts action was within its discretionary power and citing State v. Tune, 13 N.J. 203 (1953), and State v. Reynolds, 41 N.J. 163 (1963), cert. denied 377 U.S. 1000, 84 S. Ct. 1934, 12 L. Ed. 2 d 1050 (1964).