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ORLANDO, Fla. - A judge ruled Monday that Casey Anthony is competent to remain on trial for murder in the death of her 2-year- old daughter after her own lawyers questioned her mental health. Anthony's attorneys told the judge they did not believe she was competent. They said that assessment was based on their privileged communication with her but did not elaborate in a motion filed Saturday and sealed until the judge ruled Monday.
Gross sexual imposition; privileged communication to counselor; R.C. 2317.02(G)(1)(A); limited disclosure; hearsay; Evid.R. 803(4); child declarant; social worker; surrounding circumstances; medical purpose; cumulative error.
Editor's note: The full text of these decisions can be found on Lawyers Weekly's website, rilawyersweekly.com. Civil practiceDiscovery - DepositionWhere a defendant corporation has moved for a protective order regarding designation of a deponent, the motion should be denied despite a criminal investigation into the corporation's shareholders."... At the hearing, Defendant OB-GYN [Associates, Inc.]'s counsel represented that the matter was complicated by a pending criminal investigation of Defendant [Adrienne J.] Perry and other shareholders of Defendant OB-GYN. Thus, he indicated that Defendant OB-GYN was in the difficult position of either designating a Rule 30(b)(6) deponent(s) who would assert the right against self-incrimination or an alternative deponent(s) who would be unable to e...
...Privileged Communication. The law of evidence includes a priv...
LA HABRA HEIGHTS - City Attorney Sandra Levin has written to the Los Angeles County District Attorneys' Office to protest its letter to Mayor Howard Vipperman about an e-mail the office said could have led to a violation of the state's open-meeting law. Levin complained that the District Attorney's Office sent the letter to Vipperman without talking to her. In addition, she stated that the e-mail from Vipperman to her is a privileged communication between client and attorney.
A trial requires the truth to meet the ends of justice. At the same time, common law has created the law of privileges because society has valued the trust and confidentiality of certain relationships enough to allow certain individuals the right to refuse to offer testimony at trial. The attorney-client privilege is the oldest of the recognized privileges. This article will describe the attorney-client privilege and also how the Federal Rules of Evidence presently govern the law of privileges in federal judicial proceedings. The attorney-client privilege's steely protection of privileged communication morphs into nothing more than a symbolic gesture for corporations' misuse when faced with the selective waiver doctrine. Courts recognize few privileges because of their drastic exclusion...
The case of a couple's legal battle with a real estate developer took a bit of a sidestep all the way to the state's highest court. Attorneys for Dennis and Marilynn Moler and developer Christopher McCandless argued this month before the five justices of the Utah Supreme Court on whether discussions between the couple, their attorney and their ex-lawyer daughter are privileged communication or not. A lower court ruled the communication was not privileged, resulting in the appeal to the state high court.
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