Fish v. Super. Ct.
Annotate this CasePetitioner Mason Fish was involved in a fatal motor vehicle collision and thereafter charged with (among other offenses) three counts of gross vehicular manslaughter while intoxicated. Based on Fish's statements to law enforcement officers after the collision that he was under the care of a psychotherapist who had prescribed him certain antidepressant and antipsychotic medications, the prosecution subpoenaed the psychotherapist's (and his medical group's) treatment records. Fish moved to quash the subpoenas on the basis they sought information protected by the psychotherapist-patient privilege. The prosecution countered that Fish had, through his disclosures to law enforcement officers, waived this privilege. Respondent superior court (the trial court) agreed with the prosecution and denied Fish's motion, indicating it would review the psychotherapist's treatment records in camera to determine if Fish and his therapist discussed whether the medications might affect Fish's driving. Contending the trial court erred in finding he waived the psychotherapist-patient privilege, Fish petitioned the Court of Appeal for a writ of mandate to prevent the trial court from reviewing his psychotherapy treatment records, and to require the trial court to grant his motion to quash the subpoenas. The Court of Appeal determined the California Supreme Court has held that when no exception to the privilege has been established and there has been no waiver, the state's claimed compelling need for the information to aid criminal prosecution did not justify invasion of the privilege. "Because Fish's disclosures were legally insufficient under our court's precedent to waive his psychotherapist-patient privilege, the trial court erred in concluding otherwise."
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