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U.S. v. HAYES

No. 98-6623.

227 F.3d 578 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Roy Lee HAYES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 14, 2000

Attorney(s) appearing for the Case

Sarah R. Shults (argued and briefed), Assistant United States Attorney, Greeneville, Tennessee, for Plaintiff-Appellant.

John T. Milburn Rogers (argued and briefed), J. Gregory Bowman (briefed), Rogers, Laughlin, Nunnally, Hood & Crum, Greeneville, Tennessee, for Defendant-Appellee.

Before: RYAN and BOGGS, Circuit Judges; DUGGAN, District Judge.

RYAN, J., delivered the opinion of the court, in which DUGGAN, D. J., joined. BOGGS, J., delivered a separate dissenting opinion.

OPINION

RYAN, Circuit Judge.

In this appeal, we are required to decide whether there is a "dangerous patient" exception to the federal psychotherapist/patient testimonial privilege under Fed.R.Evid. 501. We hold there is not.

The United States seeks to prosecute the defendant Roy Lee Hayes under 18 U.S.C. §...

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