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Criminal Law: Domestic Assault-Motion to Compel Production of Documents-Witness’ Mental Health Records
Staff Report//July 9, 2019
Criminal Law: Domestic Assault-Motion to Compel Production of Documents-Witness’ Mental Health Records
Staff Report//July 9, 2019
Defendant appealed his conviction for domestic assault. On appeal, defendant argued that the trial court abused its discretion by denying defendant’s motion to compel a health care facility to disclose a witness’ mental health records or, in the alternative, to conduct an in camera review of those records.
Where defendant failed to make a plausible showing that the sought-after records would have been material and favorable to his case, the trial court did not abuse its discretion to deny production of a witness’ mental health records.
Judgment is affirmed.
State v. Smith (MLW No. 73478/Case No. SD35543 – 10 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from Circuit Court, Greene County, Jones, J.
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