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PEOPLE v. KAILEY

Supreme Court Case No. 13SA183.

333 P.3d 89 (2014)

2014 CO 50

In re: The PEOPLE of the State of Colorado, Plaintiff, v. Randy Steven KAILEY, Defendant.

Supreme Court of Colorado.

June 23, 2014.

Attorney(s) appearing for the Case

Attorneys for Plaintiff: Peter A. Weir , District Attorney, First Judicial District, Donna Skinner Reed , Chief Appellate Deputy District Attorney, Golden, Colorado.

Attorneys for Defendant: Douglas K. Wilson , State Public Defender, Rachel Oliver , Deputy Public Defender, Golden, Colorado.

En Banc

CHIEF JUSTICE RICE delivered the Opinion of the Court.

¶ 1 This suppression case presents an issue of first impression for this Court. In this original C.A.R. 21 proceeding, we examine the scope of the "psychologist-patient privilege"1 provided in section 13-90-107(1)(g), C.R.S. (2013), vis-à-vis the "duty to warn" provided in section 13-21-117(2), C.R.S. (2014).2 We hold that if a mental health treatment...

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