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STATE v. FAMIGLIETTI

No. 3D01-1158.

817 So.2d 901 (2002)

The STATE of Florida, Petitioner, v. David FAMIGLIETTI, Respondent.

District Court of Appeal of Florida, Third District.

May 8, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for petitioner.

Bennett H. Brummer, Public Defender, and Eric M. Cohen, Special Assistant Public Defender, for respondent.

H. Scott Fingerhut, Miami; Benedict P. Kuehne of Sale & Kuehne for the Florida Association of Criminal Defense Lawyers-Miami Chapter as amicus curiae.

William R. Samek, Ph.D. for the Florida Psychological Association as amicus curiae.

Before SCHWARTZ, C.J., and JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN, SORONDO, and RAMIREZ, JJ.

On Rehearing En Banc

COPE, J.

The question presented is whether the defendant in a criminal case can invade the victim's privileged communications with her psychotherapist if the defendant can establish a reasonable probability that the privileged matters contain material information necessary to his defense.1 We conclude that the answer is no.

First, the Evidence Code contains no authority for such an invasion...

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