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BRADLEY v. EIGHTH JUDICIAL DISTRICT COURT

No. 70522.

405 P.3d 668 (2017)

133 Nev.Adv.Opn. 92

Dr. Shera D. BRADLEY, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Douglas W. Herndon, District Judge, Respondents, and Dontae Hudson, an Individual; and the State of Nevada, By and Through Steven B. Wolfson, in his Official Capacity as District Attorney for the County of Clark, Real Parties in Interest.

Supreme Court of Nevada.

FILED November 22, 2017.

Attorney(s) appearing for the Case

Kathleen Bliss Law PLLC and Kathleen Bliss and Jason Hicks , Las Vegas, for Petitioner.

Adam Paul Laxalt , Attorney General, Carson City; Steven B. Wolfson , District Attorney, Steven S. Owens , Chief Deputy District Attorney, and Ofelia L. Monje , Deputy District Attorney, Clark County, for Real Party in Interest State of Nevada.

Karen A. Connolly, Ltd., and Karen A. Connolly , Las Vegas, for Real Party in Interest Dontae Hudson.

Law Offices of Franny Forsman and Franny A. Forsman , Las Vegas; Kice Law Group, LLC, and Stephanie B. Kice , Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

BEFORE HARDESTY, PARRAGUIRRE and STIGLICH, JJ.

OPINION

NRS 49.209 provides a general rule of privilege between psychologist and patient, subject to enumerated exceptions outlined in NRS 49.213. In this opinion, we address whether the privilege applies when a criminal defendant seeks records related to a patient who is court-ordered to partake in therapy...

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