CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Waiver of Privilege
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Waiver by Consent: Express or Implied
............Express Waiver: Examples
4 Cards On This Topic:
D waived any potential conflict arising out of his attorney's testimony at penalty phase; trial court did not abuse its discretion by accepting waiver.
By voluntarily turning over psychiatrist's report and not objecting to DA's using it during cross, D waived claim of violation of work product, attorney-client, psychotherapist-patient privileges, and that against self-incrimination.
Ps' expert cannot be disqualified b/c of conflict of interest for having once been represented by D's atty where he offered to waive atty/client privilege and should be allowed to execute his unqualified informed consent.
Mother's execution of release authorizing psychiatrist to release confidential information re children to agencies constituted waiver of privilege.