PEOPLE v. STANAWAY

Docket Nos. 92269, 96823, (Calendar Nos. 12-13).

446 Mich. 643 (1994)

521 N.W.2d 557

PEOPLE v. STANAWAY PEOPLE v. CARUSO

Supreme Court of Michigan.

Decided August 29, 1994.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Gary L. Walker, Prosecuting Attorney, and Terrence E. Dean and Matthew J. Wiese, Assistant Prosecuting Attorneys, for the people in Stanaway.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people in Caruso.

Mark Peter Stevens for Stanaway.

Vander Werff Law Office, P.C. (by Sara E. Vander Werff), for Caruso.

Amici Curiae:

Summers & Pence (by Steven L. Pence and Lynn A. Moon) for Alger-Marquette Community Mental Health.

Andrews, Fosmire, Solka & Stenton, P.C. (by Cheryl L. Hill), for Francis van der Maarel, Diversion Counselor of the Juvenile Division of Marquette County Probate Court.

Finkbeiner & Burnham, P.C. (by Priscilla S. Burnham), for Cathy O'Day Preston, Kim Gustafson, and Marquette Women's Center.

David A. Moran for Criminal Defense Attorneys of Michigan.


BRICKLEY, J.

This case presents the question whether, and under what circumstances, records of a psychologist, a sexual assault counselor, a social worker, or a juvenile diversion officer regarding a witness should be discoverable by the accused in a criminal trial. To the extent the records are privileged under MCL 330.1750; MSA 14.800(750), MCL 600.2157a(2); MSA 27A.2157(1)(2), MCL 339.1610; MSA 18.425(1610), and MCL 722...

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