Psychotherapist-Patient Privilege in California Protects Psychotherapy Records from Disclosure Even When Therapy Only Commenced Because It Was a Condition of Probation
Story v. Superior Court, 135 Cal. Rptr. 2d 532 (2003); 72(2) U.S. Law Week 1032 (July. 15, 2003)
A California Court of Appeal held that California's psychotherapist-patient privilege may be asserted to block the release of a criminal defendant's psychotherapy records even though those records pertain to therapy into which the defendant entered only because it was made a condition of probation. After the defendant was charged with murder during the course of a rape and burglary, the state sought a court order to release the defendant's psychotherapy records. In a case of first impression in California, the court ruled the defendant was a "patient" for purpose of this privilege regardless of why he entered treatment and was therefore entitled to raise this privilege in blocking the state's request for records...