CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Waiver - Tendered by Patient
............Waiver Found
5 Cards On This Topic:
  • By placing mental state in issue at penalty trial, D waived psychotherapist-patient privilege as to testimony re expert's statements at prior insanity trial.
  • Procedure to be used in determining what portions of patient's psychiatric records are discoverable, based upon what patient has tendered at issue.
  • Even when patient's psychotherapeutic records are relevant and discoverable, court should still takes steps to protect their confidentiality.
  • Patient seeking transfer from prison medical facility on grounds he is no longer dangerous tenders mental condition, such that all mental records admissible.
  • Friars' voluntary disclosure of their psych. records to the Franciscans for purposes not reasonably necessary for diagnosis and treatment operated as a waiver of psychotherapist-patient privilege.