MRS v. State

897 P.2d 63, 1995 WL 346947
CourtAlaska Supreme Court
DecidedJune 9, 1995
DocketS-6208
StatusPublished

This text of 897 P.2d 63 (MRS v. State) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MRS v. State, 897 P.2d 63, 1995 WL 346947 (Ala. 1995).

Opinion

897 P.2d 63 (1995)

M.R.S., Petitioner,
v.
STATE of Alaska, Respondent.

No. S-6208.

Supreme Court of Alaska.

June 9, 1995.

*64 Margi Mock, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for petitioner.

Nancy R. Simel, Asst. Atty. Gen., Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for respondent.

Before MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

COMPTON, Justice.

I. INTRODUCTION

In 1992 the State of Alaska (State) filed a delinquency petition alleging that M.R.S., a juvenile nearing his eighteenth birthday, had robbed and stabbed a taxicab driver. After a juvenile waiver hearing, the superior court ruled that M.R.S. was not amenable to treatment as a minor, and authorized the State to proceed against him as an adult. The superior court's finding was based in part on a psychotherapist's testimony regarding his 1990 psychological examination of M.R.S., which had been ordered by the children's court in the disposition phase of an earlier, unrelated delinquency proceeding.

M.R.S. appealed the decision to the court of appeals, arguing that the admission of this evidence violated his constitutional privilege against self-incrimination and his evidentiary psychotherapist-patient privilege. The court of appeals held that admission of the evidence did not violate either privilege. M.R.S. v. State, 867 P.2d 836, 844 (Alaska App. 1994). M.R.S. petitioned this court for hearing. See Appellate Rule 302(a)(1). We granted M.R.S.'s petition on a single issue: Was admission of the 1990 court-ordered psychological examination at the 1992 waiver hearing a violation of M.R.S.'s psychotherapist-patient privilege? See Alaska R.Evid. 504. We hold that it was.

II. FACTS AND PROCEEDINGS

In January 1992 M.R.S., an individual with a history of delinquent conduct who was two months short of his eighteenth birthday, was charged with robbing and repeatedly stabbing a taxicab driver.

Pursuant to AS 47.10.060,[1] the State petitioned the superior court to waive children's court jurisdiction over M.R.S. The State alleged that there was probable cause to believe that M.R.S. was delinquent and that he was not amenable to treatment as a juvenile.

Prior to the waiver hearing, M.R.S. moved for a protective order prohibiting the State from introducing into evidence his prior juvenile records, which included a 1990 court-ordered psychological examination performed by Dr. Larry Bissey. Dr. Bissey had conducted this examination in 1990 in conjunction with the disposition phase of a delinquency *65 proceeding against M.R.S. On the same day the examination was conducted, Dr. Bissey submitted to the children's court a seven-page report in which he summarized his findings. He recommended that M.R.S. be institutionalized in an in-patient substance abuse program. Since that time, Dr. Bissey has conducted no further examination of M.R.S. M.R.S. asserted that admission of this evidence would violate his constitutional privilege against self-incrimination and his evidentiary psychotherapist-patient privilege. The superior court summarily denied M.R.S.'s motion.

At the 1992 waiver hearing, Dr. Bissey expressed doubt that M.R.S. could be successfully rehabilitated before reaching his twentieth birthday. Dr. Bissey based this opinion on his 1990 examination of M.R.S. A forensic psychologist confirmed Dr. Bissey's conclusion that M.R.S. was not amenable to treatment as a minor. The psychologist based his conclusion on his review of M.R.S.'s juvenile records, which included Dr. Bissey's 1990 examination.

After considering the evidence, the superior court found probable cause to believe that M.R.S. was delinquent, and concluded that he was not amenable to treatment as a minor. The court, giving significant weight to the two doctors' testimony, ordered the juvenile proceeding closed. The State was thus authorized to proceed against M.R.S. as an adult.

M.R.S. appealed this decision to the court of appeals, arguing that the superior court had erred in admitting evidence derived from the 1990 court-ordered psychological examination by Dr. Bissey. M.R.S. v. State, 867 P.2d 836 (Alaska App. 1994). The court concluded that the privilege against self-incrimination did not attach to the statements made by M.R.S. during the 1990 court-ordered psychological examination. Id. at 838-41. Further, the court held that the admission of the statements would not violate the psychotherapist-patient privilege set forth in Evidence Rule 504(b). Id. at 844. This provision states:

(b) General Rule of Privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional conditions, including alcohol or drug addiction, between or among the patient, the patient's physician or psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the physician or psychotherapist, including members of the patient's family.

Alaska R.Evid. 504(b).

Subsection (a)(4) of the Rule provides further elaboration:

A communication is confidential if not intended to be disclosed to third persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the physician or psychotherapist, including members of the patient's family.

Alaska R.Evid. 504(a)(4). Additionally, subsection (d)(6) of the Rule provides an exception relating to judicially ordered examinations:

(d) Exceptions. There is no privilege under this rule:
... .
(6) Examination by order of Judge. As to communications made in the course of an examination ordered by the court of the physical, mental or emotional condition of the patient, with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise. This exception does not apply where the examination is by order of the court upon the request of the lawyer for the defendant in a criminal proceeding in order to provide the lawyer with information needed so that the lawyer may advise the defendant whether to enter a plea based on insanity or to present a defense based on the defendant's mental or emotional condition.

Alaska R.Evid. 504(d)(6).

Reasoning that communications made to a psychologist in a court-ordered examination are not intended to be confidential, the court *66 of appeals concluded that such communications do not fall within the scope of the privilege.

[T]he circumstances involved in the 1990 children's court proceedings make it abundantly clear that M.R.S. and his counsel understood that M.R.S.'s communications with Bissey would be disclosed to the court and to other participants associated with the scheduled disposition hearing. Indeed, M.R.S. has never claimed that he did not intend such disclosure to occur. For this reason, the statements M.R.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hernandez-Robaina v. State
849 P.2d 783 (Alaska Supreme Court, 1993)
Hawley v. State
614 P.2d 1349 (Alaska Supreme Court, 1980)
In Re the Estate of Hutchinson
577 P.2d 1074 (Alaska Supreme Court, 1978)
State v. Brown
825 P.2d 482 (Idaho Supreme Court, 1992)
Matter of E.A.O.
816 P.2d 1352 (Alaska Supreme Court, 1991)
M.R.S. v. State
867 P.2d 836 (Court of Appeals of Alaska, 1994)
In re D.D.S.
869 P.2d 160 (Alaska Supreme Court, 1994)
M.R.S. v. State
897 P.2d 63 (Alaska Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
897 P.2d 63, 1995 WL 346947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrs-v-state-alaska-1995.