Bradley v. Eighth Judicial District CourtAnnotate this Case
The general rule of privilege between psychologist and patient set forth in Nev. Rev. Stat. 49.209 applies when a criminal defendant seeks records related to a patient who is court-ordered to partake in therapy.
J.A., a minor, was placed on probation for soliciting prostitution. As a condition of probation, J.A. was required to complete counseling with Dr. Shera Bradley. Based on J.A.’s statements to the police, Dontae Hudson was charged with first-degree kidnapping, sex trafficking of a child under the age of sixteen, and related crimes. Hudson filed a motion for discovery, including requests for J.A.’s counseling records. The district court ordered that Dr. Bradley disclose J.A.’s counseling records for in camera review. Dr. Bradley filed this petition for relief in the form of a writ of mandamus or prohibition challenging the discovery order. The Supreme Court granted the petition and directed the clerk of court to issue a writ of prohibition ordering the district court to halt the production of the documents, holding that the psychologist-patient privilege applies to J.A. and Dr. Bradley’s confidential communications, and Hudson failed to show that an exception to the privilege applied or that the privilege was waived.