Commonwealth v. Pickering
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The Supreme Judicial Court affirmed the superior court judge’s conclusion that Defendant had violated his probation by committing child enticement, holding that Defendant’s constitutional right to present a defense was not violated and that the exclusion of certain statements did not create a substantial risk of a miscarriage of justice.
On appeal, Defendant contended that the judge’s sua sponte ruling excluding the admission of certain evidence as violative of the psychotherapist-patient privilege violated his constitutional right to present a defense. The Supreme Judicial Court held (1) the judge’s ruling that the psychotherapist-patient privilege applied to the evidence at issue was erroneous because there was no evidence that the privilege would have been applicable under the circumstances; but (2) the excluded evidence was of minimal probative value, and the Commonwealth presented overwhelming evidence that Defendant committed the crime of child enticement.
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