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2nd DCAMarch 10, 2023Petition Granted; Order Quashed⭐ Notable

State v. Wilson

Case No. 22-1802

The State sought certiorari to quash a trial court order compelling in camera production of a sexual battery victim's mental health records, which the defendant argued were discoverable because the State alleged the victim was mentally defective as an element of the enhanced charge. The Second DCA granted the petition, holding that the statutory exception to psychotherapist-patient privilege under section 90.503(4)(c) applies only when the patient relies on their own mental condition as an element of the patient's own claim or defense, not when the State alleges a victim's mental condition as an element of a criminal charge against a defendant.

Key facts

  • State charged defendant with sexual battery, alleging the victim was mentally defective as an element of the enhanced charge.
  • Defendant sought discovery of the victim's mental health records; trial court issued an order compelling in camera production of the records.
  • +2 more key facts with a free trial

Why it matters

This opinion clarifies that the State cannot use a victim's alleged mental condition as a charging element to unilaterally waive the victim's independent psychotherapist-patient privilege, a recurring issue in sexual… — full analysis with a trial

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