Commonwealth v. Honorable Mary Shaw
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The Supreme Court reversed the decision of the court of appeals denying the Commonwealth's petition for a writ of prohibition challenging the trial court's issuance of an order granting Defendant's request for an in camera review of the alleged victim's therapy records, holding that the trial court had no authority to order the Commonwealth to provide it with the names of the victim's therapy providers.
Defendant was indicted on four counts of incest, one count of sodomy in the first degree, and one count of rape in the first degree. Defendant filed a motion requesting that the trial court conduct an in camera review of any therapy or mental health records of the victim. The trial court granted the motion as to the records from the relevant time period. The Commonwealth petitioned the court of appeals for a writ of prohibition. The court of appeals denied the writ. The Supreme Court reversed, holding (1) the trial court did not abuse its discretion in determining that a reasonable belief existed that exculpatory information may be found in the records; but (2) the trial court lacked authority to order the Commonwealth to retrieve the names of the healthcare providers directly from the victim.
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