People v. Ullery
In People v. Ullery, 964 P.2d 539, 541 (Colo. Ct. App. 1997), aff'd in part & rev'd in part, 984 P.2d 586 (Colo. 1999) (en banc), a Colorado court of appeals held that a defendant who asserts the defense of impaired mental condition must produce all communications for the prosecution which occurred between the defendant and any mental health professional employed on his behalf. 964 P.2d at 541-42.
The court specifically excluded disclosure of the defense attorney's work product, including his legal research, theories, opinions, or conclusions. 964 P.2d at 542.
The state appealed to the Colorado Supreme Court, contesting the court of appeals' decision that the attorney's work product was not subject to disclosure under the applicable statute. People v. Ullery, 984 P.2d 586, 589 (Colo. 1999) (en banc).
That court determined that the privilege applicable to the attorney's work product was not waived and information which truly fell within the category of attorney work product was not subject to disclosure to the prosecution. Id.