United States v. Doyle

United States District Court for the District of Oregon · 1998 · Evidence

1 F. Supp. 2d 1187 (D. Ore. 1998)

Updated August 22, 2026

EvidencePsychotherapist-patient privilegePrivilege waiverSentencingpsychotherapist privilegeJaffee v. Redmondwaiverconfidential communications

Facts

The defendant pleaded guilty to kidnapping and assaulting Teresa Garcia, and the government sought a three-level upward adjustment under Sentencing Guideline § 5K2.3 for extreme psychological injury. Garcia had participated in counseling sessions with psychologist Marjorie Takei and clinical social worker Wendy Maltz to cope with the psychological trauma caused by the defendant's conduct. The defendant subpoenaed all records from those counseling sessions, arguing that the government's reliance on psychological injury waived Garcia's psychotherapist privilege. Garcia expressly asserted the privilege, and the government had not received or disclosed her counseling statements.

Issue

Does a victim waive the psychotherapist-patient privilege when the government seeks an upward departure for extreme psychological injury and the victim testifies about the offenses and their effects? If not, may the defendant nonetheless obtain the privileged records under the Sixth Amendment or through in camera judicial review?

Rule

The psychotherapist privilege belongs to the patient alone and is waived only by the privilege-holder's voluntary disclosure of the content of the protected communications. The relevance of the patient's mental condition or the evidentiary value of the communications does not itself waive the privilege, and a defendant's asserted Sixth Amendment need does not justify balancing away the privilege or compel in camera review of privileged files.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In federal court in Seattle, Noah Benton pleaded guilty to stalking and assaulting Lara Kim. At sentencing, the prosecutor seeks an enhancement for severe emotional harm and subpoenas are issued by the defense to Lara's counselor for session notes, even though Lara has expressly objected and the prosecutor has never seen the notes.

Which is the strongest argument for quashing the subpoenas?

Explanation. The controlling rule is that the psychotherapist privilege belongs to the patient alone. A prosecutor's decision to seek a sentencing increase based on psychological injury does not waive the victim's privilege, because the government cannot waive a privilege it does not own. Relevance or litigation use of the victim's condition does not itself cause waiver.