Psychiatrist-patient privilege; defendant’s Sixth Amendment right to present a defense

State v. Fay, 326 Conn. 742 (Conn. 2017)

The Connecticut Supreme Court rules that where a defendant shows a “compelling need” for privileged psychiatric records of a homicide victim as material to his defense, “the interests of the accused must prevail over the victim's psychiatrist-patient privilege” and an in camera review of the records may be undertaken.

Found in DMHL Volume 36, Issue 3

Mental Health Providers, Privilege

Bradley v. Eighth Judicial Dist. Court of Nev., 405 P.3d 668 (Nev. 2017)

The Supreme Court of Nevada ruled that psychologist-patient privilege applied and was not waived where counseling records concerned only treatment and no substantial part was shared with anyone, treatment was not substantively at issue in any claim or defense, and neither state law, due process, nor the right to confrontation required disclosure.

Found in DMHL Volume 37, Issue 1