CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Clergy-Penitent Privilege
.........Case Authority
5 Cards On This Topic:
  • Documents subpoenaed by grand jury in sexual assault cases against priests did not fall within California clergy-penitent privilege.
  • Trial court abused its discretion by applying wrong standard in rejecting church's discovery claims based on clergy-penitent privilege.
  • Statement not within privilege where person is seeking secular counseling as opposed to absolution.
  • Clergyman-penitent privilege not applicable to person who studied church teachings but was not clergy, not authorized to take confidential statements and gave no assurances of confidentiality.
  • Privilege not applicable to statement made by fleeing D to minister in church, absent showing that communication intended to be made in confidence.