COM. v. SIMMONS


719 A.2d 336 (1998)

COMMONWEALTH of Pennsylvania v. Henry SIMMONS. Appeal of MENTOR CLINICAL CARE, Appellant. COMMONWEALTH of Pennsylvania v. Henry SIMMONS. Appeal of MENTOR CLINICAL CARE, ("Mentor"), Appellant.

Superior Court of Pennsylvania.

Filed October 2, 1998.


Attorney(s) appearing for the Case

Michael D. Brophy, Philadelphia, for appellant.

Andrew G. Gay, Philadelphia, for Simmons, appellee.

William G. Young, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before FORD ELLIOTT, MUSMANNO and HOFFMAN, JJ.


FORD ELLIOTT, Judge:

At issue in this case of first impression is whether and to what extent appellant Mentor Clinical Care, Inc. ("Mentor") may be compelled to produce documents pertaining to a child in Mentor's care. Mentor asserts that the documents at issue are absolutely protected from any disclosure under the psychotherapist-patient privilege, 42 Pa.C.S.A. § 5944, and that even an in camera inspection as directed by the trial court would violate...

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