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Criminal Procedure – discovery — therapy records — in camera inspection

By: WISCONSIN LAW JOURNAL STAFF//April 18, 2012//

Criminal Procedure – discovery — therapy records — in camera inspection

By: WISCONSIN LAW JOURNAL STAFF//April 18, 2012//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – discovery — therapy records — in camera inspection

This matter is before us on an interlocutory appeal from pretrial discovery orders issued by the circuit court. Trial by jury is scheduled for April 23, 2012. The circuit court granted the defendant’s motion for in camera inspection of the victim’s therapy records. The victim thereafter refused to consent to the release of her privileged records. The court responded with a six-part order:

1. the court would honor the assertion of the privilege by the victim; 2. allow the victim to testify; 3. inform the jury that the victim had been ordered to release her therapy records for in camera inspection; 4. inform the jury that the victim had a privilege to refuse the production of her records; 5. inform the jury that the victim had, in fact, refused the court’s order; 6. inform the jury that, as a result of the victim’s refusal, a presumption exists that the contents of the records would have been helpful to the defense.

We affirm the circuit court’s initial decision granting the motion for in camera review. We reverse the circuit court’s order allowing the victim to testify at trial. Not recommended for publication in the official reports.

2011AP2864-CRAC State v. Johnson

Dist II, Racine County, Gasiorkiewicz, J., Reilly, J.

Attorneys: For Appellant: Repischak, Robert S., Racine; St. John, Rebecca Rapp, Madison; For Respondent: Richards, Mark D., Racine; Hart, Michael F., Milwaukee; Powell, Craig S., Milwaukee; Misfeldt, Geoffrey R., Milwaukee

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