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STATE v. BERBERICH

No. 81,640.

267 Kan. 215 (1999)

978 P.2d 902

STATE OF KANSAS, Appellant, v. THOMAS A. BERBERICH, Appellee.

Supreme Court of Kansas.

Opinion filed April 16, 1999.

Attorney(s) appearing for the Case

James A. Brown, assistant Shawnee County district attorney, argued the cause, and Joan M. Hamilton, Shawnee County district attorney/acting Osage County attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellant.

William K. Rork, of Rork Law Office, of Topeka, argued the cause, and Michael Gayoso, legal intern, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

This is an interlocutory appeal by the State pursuant to K.S.A. 22-3603 from the trial court's order that statements made by defendant Thomas R. Berberich to Dr. Don Strong, a counselor, were privileged pursuant to K.S.A. 74-5323.

The issue is simple. The answer is complex. Dr. Strong was not a licensed counselor when the alleged statements by Berberich were made. By statute, confidential relations...

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