June 17, 2019

Colorado Supreme Court: Competency Records of Other Defendant in Related Case were Protected by Privilege

The Colorado Supreme Court issued its opinion in Zapata v. People on Monday, October 15, 2018.

Physician-Patient Privilege—Psychologist-Client Privilege—Competency Evaluations—Res Gestae.

In this case, the trial court declined to give defendant access to, or to review in camera, competency reports regarding another defendant in a factually related but separate case. Over objection, the trial court also admitted uncharged misconduct evidence as res gestae.

The supreme court held that competency reports are protected by the physician-patient or psychologist-client privilege and that the examinee did not waive the privilege as to defendant when he put his competency in dispute in his own case. The court also held that defendant’s confrontation right was not implicated and that defendant did not make a sufficient showing that the competency reports contained exculpatory evidence to justify their release to him or review by the trial court pursuant to due process or Crim. P. 16.

The court further held that any error in admitting the uncharged misconduct evidence as res gestae was harmless given the strong evidence of defendant’s guilt.

Accordingly, the court of appeals’ judgment was affirmed.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Reverse Transfer Request Does Not Waive Psychologist-Patient Privilege

The Colorado Supreme Court issued its opinion in Johnson v. People on Monday, October 3, 2016.

Criminal Law—Juvenile Law—Psychotherapist-Patient Privilege.

This case raises two questions involving what a trial court may order when a juvenile seeks reverse-transfer of her criminal case from trial court to juvenile court. First, when a juvenile requests a reverse-transfer hearing, does she waive her psychotherapist-patient privilege, thereby authorizing a trial court to order her to produce privileged mental health records pursuant to C.R.S. § 19-2-517(3)(b)(VI)? Second, does C.R.S. § 19-2-517(3)(b)(VI) give a trial court the power to order a juvenile to submit to a state mental health assessment? As to the first question, the Colorado Supreme Court held that, because nothing in the statute states that a juvenile waives her psychotherapist–patient privilege by requesting a reverse-transfer hearing, a trial court cannot order the juvenile to produce privileged mental health records. As to the second question, the court held that, because nothing in the statute explicitly grants a trial court the power to order a mental health assessment, a trial court cannot order such an assessment. The reverse-transfer statute only requires that the trial court consider mental health records “made available” (i.e., voluntarily waived by the privilege-holder) to the trial court and the parties. Therefore, the court made its rule to show cause absolute and remanded the case for further proceedings consistent with this opinion.

Summary provided courtesy of The Colorado Lawyer.