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Evidence — sexual assault — mental health treatment records

By: WISCONSIN LAW JOURNAL STAFF//November 6, 2014//

Evidence — sexual assault — mental health treatment records

By: WISCONSIN LAW JOURNAL STAFF//November 6, 2014//

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Wisconsin Court of Appeals

Criminal

Evidence — sexual assault — mental health treatment records

The State alleges that A.M., now 32 years old, was sexually assaulted by Patrick Lynch when she was a young girl. After Lynch was charged, he brought a pretrial motion for an in camera review of A.M.’s mental health treatment records. The circuit court concluded that Lynch made the required showing for an in camera review. The court further concluded that, because A.M. refused to release her treatment records for an in camera review, State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993), required the court to exclude A.M.’s testimony at Lynch’s trial. The State appeals the court’s non-final order excluding A.M.’s testimony. We agree with the circuit court that Lynch made the required showing. We also agree with the circuit court that, under Shiffra, the only available remedy when a victim refuses to disclose records for an in camera review is the exclusion of the victim’s testimony at trial. Accordingly, we affirm the circuit court, and remand for further proceedings. Not recommended for publication in the official reports.

2011AP2680-CR State v. Lynch

Dist IV, Dodge County, Bissonnette, J., Lundsten, J.

Attorneys: For Appellant: Moeller, Marguerite M., Madison; Weber, Gregory M., Madison; Klomberg, Kurt F., Juneau; For Respondent: Priester, Jack M., Madison

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