STATE v. WORTHEN

Nos. 20080128, 20080163.

222 P.3d 1144 (2009)

2009 UT 79

STATE of Utah, Plaintiff and Co-Petitioner, v. Leroy WORTHEN, Defendant and Respondent, Guardian Ad Litem, Party in Interest and Co-Petitioner.

Supreme Court of Utah.

December 8, 2009.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Marian Decker, Asst. Att'y Gen., Salt Lake City, for plaintiff.

John J. Easton, Provo, for defendant.

Martha M. Pierce, Salt Lake City, for the Office of the Guardian Ad Litem.

Paul G. Cassell, Salt Lake City, Margaret Garvin, Susanna Cowen, Portland, OR, for amicus National Crime Victim Law Institute.

Heidi M. Nestel, Salt Lake City, for amicus Utah Crime Victims Legal Clinic.


On Certiorari to the Utah Court of Appeals

INTRODUCTION

NEHRING, Justice:

¶ 1 The State charged the Respondent, Mr. Worthen, with ten counts of aggravated sexual abuse of his adopted teenage daughter B.W. After the district court bound him over for trial, Mr. Worthen subpoenaed B.W.'s mental health records relating to treatment she received between July and October 2005. Mr. Worthen claimed that the records contained evidence supporting his...

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