CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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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.