CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Psychotherapist-Patient Privilege
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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.