testimonial privilege (Arizona) · Go Syfert
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testimonial privilege in Arizona

12 Arizona opinions name it 2 courts 1968–2019 0 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
State v. Chalice Renee Zeitnergreen
ariz · 2019 · cited in 1 Arizona opinions naming this issue, 2019–2019
1 sentence

2019Zeitner, 246 Ariz. at 166, ¶ 18 .

11
State v. Hassongreen
arizctapp · 2008 · cited in 1 Arizona opinions naming this issue, 2018–2018
1 sentence

2018It would serve little purpose, and would make little sense, for a patient to retain the power to prevent her physician from testifying when the physician can be legally compelled to release the patient's medical records—the confidences the privilege is designed to protect already will have been disclosed. ¶27 In construing statutes, we "apply constructions that make practical sense" rather than those that "frustrate legislative intent." State v. Hasson, 217 Ariz. 559, 562, ¶ 11 (App. 2008).

11
Tucson Medical Center Incorporated v. Rowlesgreen
arizctapp · 1974 · cited in 1 Arizona opinions naming this issue, 2018–2018
1 sentence

2018Cf. Rowles, 21 Ariz. App. at 427 (although nominally a testimonial privilege, physician-patient privilege also shields records a physician maintains for his or her patients).

11
In re MH 2006-000490green
arizctapp · 2007 · cited in 1 Arizona opinions naming this issue, 2014–2014
1 sentence

2014See also In re MH 2006-000490, 214 Ariz. 485, 487-88, ¶ 9 , 154 P.3d 387 , 389-90 (App. 2007) (“In lieu of in-court testimony, a court may admit or take judicial notice of the physicians’ affidavits appended to the petition.”). ¶14 As defined in A.R.S. § 36-501(25), a mental disorder “means a substantial disorder of the person’s emotional processes, thought, cognition or memory.” Persistent or acute disability is defined as “a severe mental disorder” that, if not treated: (1) “has a substantial probability of causing the person to suffer . . . abnormal mental, emotional 5 IN THE MATTER OF GARY

11
In Re Mh Xxxx-Xxxxxxgreen
arizctapp · 2007 · cited in 1 Arizona opinions naming this issue, 2014–2014
1 sentence

2014See also In re MH 2006-000490, 214 Ariz. 485, 487-88, ¶ 9 , 154 P.3d 387 , 389-90 (App. 2007) (“In lieu of in-court testimony, a court may admit or take judicial notice of the physicians’ affidavits appended to the petition.”). ¶14 As defined in A.R.S. § 36-501(25), a mental disorder “means a substantial disorder of the person’s emotional processes, thought, cognition or memory.” Persistent or acute disability is defined as “a severe mental disorder” that, if not treated: (1) “has a substantial probability of causing the person to suffer . . . abnormal mental, emotional 5 IN THE MATTER OF GARY

11
Sun Health Corp. v. Myersgreen
arizctapp · 2003 · cited in 1 Arizona opinions naming this issue, 2011–2011
2 sentences

2011See Sun Health Corp. v. Myers, 205 Ariz. 315, 317, ¶ 2 , 70 P.3d 444, 446 (App.2003). ¶ 5 We start (and end) our analysis with the language of the constitutional portion of the Victims Bill of Rights and its implementing statutes.

2011See Sun Health Corp. v. Myers, 205 Ariz. 315, 317, ¶ 2 , 70 P.3d 444, 446 (App.2003). ¶ 5 We start (and end) our analysis with the language of the constitutional portion of the Victims Bill of Rights and its implementing statutes.

11
Roman Catholic Diocese v. Superior Courtgreen
arizctapp · 2003 · cited in 1 Arizona opinions naming this issue, 2006–2006
2 sentences

2006See Roman Catholic Diocese of Phoenix v. Superior Court, 204 Ariz. 225, 227, ¶ 2 , 62 P.3d 970, 972 (App.2003).

2006See Roman Catholic Diocese of Phoenix v. Superior Court, 204 Ariz. 225, 227, ¶ 2 , 62 P.3d 970, 972 (App.2003).

11
United States v. Patricia Davies and Martin Kapreliangreen
ca7 · 1985 · cited in 1 Arizona opinions naming this issue, 1989–1989
1 sentence

1989See, e.g., United States v. Davies, 768 F.2d 893 (7th Cir.1985), cert. denied 474 U.S. 1008 , 106 S.Ct. 533 , 88 L.Ed.2d 464 (1985).

11
Fuller v. United Statesgreen
scotus · 1985 · cited in 1 Arizona opinions naming this issue, 1989–1989
1 sentence

1989See, e.g., United States v. Davies, 768 F.2d 893 (7th Cir.1985), cert. denied 474 U.S. 1008 , 106 S.Ct. 533 , 88 L.Ed.2d 464 (1985).

11
Borntrager v. Stevasgreen
scotus · 1985 · cited in 1 Arizona opinions naming this issue, 1989–1989
1 sentence

1989See, e.g., United States v. Davies, 768 F.2d 893 (7th Cir.1985), cert. denied 474 U.S. 1008 , 106 S.Ct. 533 , 88 L.Ed.2d 464 (1985).

11
Matecki v. United Statesgreen
scotus · 1985 · cited in 1 Arizona opinions naming this issue, 1989–1989
1 sentence

1989See, e.g., United States v. Davies, 768 F.2d 893 (7th Cir.1985), cert. denied 474 U.S. 1008 , 106 S.Ct. 533 , 88 L.Ed.2d 464 (1985).

11
Robert J. Fletcher v. United Statesgreen
cadc · 1964 · cited in 1 Arizona opinions naming this issue, 1983–1983
1 sentence

1983Fletcher v. United States, 332 F.2d 724, 726 (D.C.Cir.1964); United States v. Ritz, supra. Prosecutorial insistence in asking prejudicial questions depicting a defendant’s involvement in the crime after it becomes clear that the witness-alleged accomplice has refused and will continue to refuse to testify is an attempt to build the prosecutor’s case out of inferences arising from use of the testimonial privilege and is misconduct.

11
United States v. Loren Lee Kinggreen
ca8 · 1972 · cited in 1 Arizona opinions naming this issue, 1983–1983
1 sentence

1983United States v. Mayes, 512 F.2d at 650 ; United States v. King, 461 F.2d 53, 56 (8th Cir.1972); Fletcher v. United States, supra; Annot., 19 A.L.R. 4th 368 , 379-81 (1983); 1 M.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Namet v. United States green
scotus · 1963
2 sentences

1983In Namet , the Court did indicate that such action by a prosecutor could be error under the theory of prosecutorial misconduct, if it appeared that the government made “a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege.” Id. at 186 , 83 S.Ct. at 1154-55 .

1983In Namet , the Court did indicate that such action by a prosecutor could be error under the theory of prosecutorial misconduct, if it appeared that the government made “a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege.” Id. at 186 , 83 S.Ct. at 1154-55 .

21977–1983
State v. Mincey green
ariz · 1984
2 sentences

2019We have held that the privilege protects "[a]ll information obtained by the physician, whether from examination, testing, or direct communication," State v. Mincey , 141 Ariz. 425 , 439, 687 P.2d 1180 , 1194 (1984), and, although framed as a testimonial privilege, the privilege also protects patient medical records, see Tucson Med.

2019We have held that the privilege protects "[a]ll information obtained by the physician, whether from examination, testing, or direct communication," State v. Mincey , 141 Ariz. 425 , 439, 687 P.2d 1180 , 1194 (1984), and, although framed as a testimonial privilege, the privilege also protects patient medical records, see Tucson Med.

12019–2019
Tucson Medical Center, Incorporated v. Misevch green
ariz · 1976
2 sentences

2019Ctr., Inc. v. Misevch , 113 Ariz. 34 , 37, 545 P.2d 958 , 961 (1976) (citing Tucson Med.

2019Ctr., Inc. v. Misevch , 113 Ariz. 34 , 37, 545 P.2d 958 , 961 (1976) (citing Tucson Med.

12019–2019
Blazek v. Superior Court green
arizctapp · 1994
2 sentences

2018This testimonial privilege, known as the anti-marital fact privilege, enables a defendant-spouse in a criminal proceeding "to prevent the other spouse from testifying." Blazek v. Superior Court , 177 Ariz. 535 , 538, 869 P.2d 509 (App. 1994). 1 ¶ 8 The anti-marital fact privilege, though rooted in common law, has existed in Arizona in some statutory form since before statehood.

2018This testimonial privilege, known as the anti-marital fact privilege, enables a defendant-spouse in a criminal proceeding "to prevent the other spouse from testifying." Blazek v. Superior Court , 177 Ariz. 535 , 538, 869 P.2d 509 (App. 1994). 1 ¶ 8 The anti-marital fact privilege, though rooted in common law, has existed in Arizona in some statutory form since before statehood.

12018–2018
State v. Crow green
ariz · 1969
2 sentences

2018State v. Crow , 104 Ariz. 579 , 583, 457 P.2d 256 (1969), overruled in part on other grounds by State v. Burchett , 107 Ariz. 185 , 484 P.2d 181 (1971) ; see also Rev.

2018State v. Crow , 104 Ariz. 579 , 583, 457 P.2d 256 (1969), overruled in part on other grounds by State v. Burchett , 107 Ariz. 185 , 484 P.2d 181 (1971) ; see also Rev.

12018–2018
State v. Burchett green
ariz · 1971
2 sentences

2018State v. Crow , 104 Ariz. 579 , 583, 457 P.2d 256 (1969), overruled in part on other grounds by State v. Burchett , 107 Ariz. 185 , 484 P.2d 181 (1971) ; see also Rev.

2018State v. Crow , 104 Ariz. 579 , 583, 457 P.2d 256 (1969), overruled in part on other grounds by State v. Burchett , 107 Ariz. 185 , 484 P.2d 181 (1971) ; see also Rev.

12018–2018
cluster 326121 green
ca6 · 1975
1 sentence

1983United States v. Mayes, 512 F.2d at 650 ; United States v. King, 461 F.2d 53, 56 (8th Cir.1972); Fletcher v. United States, supra; Annot., 19 A.L.R. 4th 368 , 379-81 (1983); 1 M.

11983–1983
State v. Cota green
ariz · 1967
2 sentences

1983In State v. Cota, 102 Ariz. 416 , 432 P.2d 428 (1967), cert. denied, 390 U.S. 1008 , 88 S.Ct. 1256 , 20 L.Ed.2d 109 (1968), we held that the privilege was a “personal immunity for the witness,” that the witness was not disqualified from being called to the stand and that even if the state was aware that the witness would invoke the privilege, it “had the right to show that it was presenting all the relevant evidence____” Id. 102 Ariz. at 421 , 432 P.2d at 433 .

1983In State v. Cota, 102 Ariz. 416 , 432 P.2d 428 (1967), cert. denied, 390 U.S. 1008 , 88 S.Ct. 1256 , 20 L.Ed.2d 109 (1968), we held that the privilege was a “personal immunity for the witness,” that the witness was not disqualified from being called to the stand and that even if the state was aware that the witness would invoke the privilege, it “had the right to show that it was presenting all the relevant evidence____” Id. 102 Ariz. at 421 , 432 P.2d at 433 .

11983–1983
United States v. Joan Belle Ritz, Linda Ann Ritz, Robert M. Ritz, Jr. And John Paul Ritz green
ca5 · 1977
1 sentence

1983Fletcher v. United States, 332 F.2d 724, 726 (D.C.Cir.1964); United States v. Ritz, supra. Prosecutorial insistence in asking prejudicial questions depicting a defendant’s involvement in the crime after it becomes clear that the witness-alleged accomplice has refused and will continue to refuse to testify is an attempt to build the prosecutor’s case out of inferences arising from use of the testimonial privilege and is misconduct.

11983–1983
Fair v. Board of Elections green
scotus · 1968
1 sentence

1983In State v. Cota, 102 Ariz. 416 , 432 P.2d 428 (1967), cert. denied, 390 U.S. 1008 , 88 S.Ct. 1256 , 20 L.Ed.2d 109 (1968), we held that the privilege was a “personal immunity for the witness,” that the witness was not disqualified from being called to the stand and that even if the state was aware that the witness would invoke the privilege, it “had the right to show that it was presenting all the relevant evidence____” Id. 102 Ariz. at 421 , 432 P.2d at 433 .

11983–1983
Sandefur v. Kropp green
scotus · 1968
1 sentence

1983In State v. Cota, 102 Ariz. 416 , 432 P.2d 428 (1967), cert. denied, 390 U.S. 1008 , 88 S.Ct. 1256 , 20 L.Ed.2d 109 (1968), we held that the privilege was a “personal immunity for the witness,” that the witness was not disqualified from being called to the stand and that even if the state was aware that the witness would invoke the privilege, it “had the right to show that it was presenting all the relevant evidence____” Id. 102 Ariz. at 421 , 432 P.2d at 433 .

11983–1983
Jones v. Superior Court green
cal · 1962
2 sentences

1972(See Maguire, Evidence of Guilt, pp. 22-23; Meltzer, Required Records, The McCarran Act, and the Privilege Against Self-Incrimination, 18 U.Chi.L.Rev. 687, 699-701.) * * Jones v. Superior Court of Nevada County, 58 Cal.2d 56 , 22 Cal.Rptr. 879 , 372 P.2d 919, 921 , 96 A.L.R.2d 1213 (1962).

1972(See Maguire, Evidence of Guilt, pp. 22-23; Meltzer, Required Records, The McCarran Act, and the Privilege Against Self-Incrimination, 18 U.Chi.L.Rev. 687, 699-701.) * * Jones v. Superior Court of Nevada County, 58 Cal.2d 56 , 22 Cal.Rptr. 879 , 372 P.2d 919, 921 , 96 A.L.R.2d 1213 (1962).

11972–1972
Brown v. United States green
scotus · 1958
2 sentences

1968Brown v. United States, 356 U.S. 148 , 78 S.Ct. 622 , 2 L.Ed.2d 589 (1958); McCormick on Evidence § 131, at 275; Udall, Arizona Law of Evidence § 98, at 160.

1968Brown v. United States, 356 U.S. 148 , 78 S.Ct. 622 , 2 L.Ed.2d 589 (1958); McCormick on Evidence § 131, at 275; Udall, Arizona Law of Evidence § 98, at 160.

11968–1968

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 13-4062 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 69 (1981–2026) NJ 51 (1964–2026) NY 46 (1955–2023) CA 38 (1959–2024) WA 37 (1967–2024) MI 31 (1960–2025) ME 24 (1973–2021) IL 23 (1980–2023) MD 21 (1983–2022) MA 21 (1972–2025) TX 20 (1968–2023) CT 16 (1974–2022) MN 15 (1968–2026) PA 15 (1980–2026) GA 14 (1978–2013) AL 14 (1903–2011) FL 13 (1908–2023) AZ 12 (1968–2019) MO 11 (1979–2024) CO 8 (1980–2021) IN 8 (1991–2015) NM 8 (1973–2022) WI 8 (1976–2008) NC 8 (1975–2022) RI 8 (1984–2019) TN 7 (2000–2010) ID 7 (1977–2026) VT 6 (1989–2016) AR 6 (1982–2021) OR 6 (1975–2024) DC 6 (1972–2014) WY 5 (1981–2019) SD 4 (1986–2025) SC 4 (1996–2014) KY 4 (1984–2019) NH 4 (1975–2005) OK 4 (1987–1991) LA 4 (1996–2025) NE 3 (1995–2021) AK 2 (1991–2018) KS 2 (1982–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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