Connecticut v. Mark R.
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Defendant sought to overturn his conviction on counts of injury to a child and sexual assault. Defendant argued that the lower court improperly considered evidence protected under clergy-penitent and professional counselor-patient privilege, as well as denied him the ability to confront the victim at trial and denied him access to the the victim's education and counseling records. The victim, a fourteen year old girl, was inappropriately touched by the Defendant, her stepfather. The victim told her mother what had happened to her, and the mother phoned the pastor of their church, who then spoke with the victim, her mother and Defendant before alerting state protective services and the police. Claiming that the meeting with their pastor constituted a "counseling session" within the meaning of state law, Defendant sought to appeal a motion in limine pertaining to the privileged information that was denied at trial. Holding that the meeting with the pastor was not privileged under state clergy-penitent or counselor-patient statutes because it "lacked indicia of confidentiality," the Court upheld the lower court's ruling on the motion. With regard to Defendant's claim that the lower court denied him the ability to confront witnesses, the Court viewed the trial in its totality and found that the jury had a fair opportunity to consider facts supporting Defendant's theory of the case, and upheld the lower court's verdict.
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