privilege claim (Minnesota) · Go Syfert
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privilege claim in Minnesota

9 Minnesota opinions name it 3 courts 1889–2016 0 in the last five years

The cases below were cited by Minnesota 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 (5)

CaseFollowedCited
United States v. Larry E. Brooks, Sr.green
ca2 · 1996 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016See, e.g., United States v. Wilmore, 381 F.3d 868, 873 (9th Cir.2004) (explaining that, as a general rule, if a witness invokes the Fifth Amendment on cross-examination, “the district court must strike the witness’s direct testimony unless the refusal to answer only concerns collateral matters” and determining that the witness’s testimony should have been stricken where her invoca *504 tion of the privilege precluded inquiry into details of her direct testimony that were not collateral); United States v. Brooks, 82 F.3d 50, 54-55 (2d Cir.1996) (holding that the district court's failure to stri

11
United States v. Earnest Wilmoregreen
ca9 · 2004 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016See, e.g., United States v. Wilmore, 381 F.3d 868, 873 (9th Cir.2004) (explaining that, as a general rule, if a witness invokes the Fifth Amendment on cross-examination, “the district court must strike the witness’s direct testimony unless the refusal to answer only concerns collateral matters” and determining that the witness’s testimony should have been stricken where her invoca *504 tion of the privilege precluded inquiry into details of her direct testimony that were not collateral); United States v. Brooks, 82 F.3d 50, 54-55 (2d Cir.1996) (holding that the district court's failure to stri

11
State v. Gulleksongreen
minnctapp · 1986 · cited in 1 Minnesota opinions naming this issue, 2014–2014
1 sentence

2014To establish the existence of a psychologist-client privilege, the client must establish that “(1) a confidential psychologist-patient relationship existed between defendant and *433 the psychologist, (2) during which the psychologist acquired information of the type contemplated by the privilege statute, (3) while attending the patient, and (4) which was necessary for diagnosis and treatment.” State v. Gullekson, 383 N.W.2d 338, 340 (Minn.App.1986) (citing State v. Staat, 291 Minn. 394, 399 , 192 N.W.2d 192, 197 (1971)), review denied (Minn. May 16, 1986). “[T]he absence of one essential fact

11
State v. Staatgreen
minn · 1971 · cited in 1 Minnesota opinions naming this issue, 2014–2014
2 sentences

2014To establish the existence of a psychologist-client privilege, the client must establish that “(1) a confidential psychologist-patient relationship existed between defendant and *433 the psychologist, (2) during which the psychologist acquired information of the type contemplated by the privilege statute, (3) while attending the patient, and (4) which was necessary for diagnosis and treatment.” State v. Gullekson, 383 N.W.2d 338, 340 (Minn.App.1986) (citing State v. Staat, 291 Minn. 394, 399 , 192 N.W.2d 192, 197 (1971)), review denied (Minn. May 16, 1986). “[T]he absence of one essential fact

2014To establish the existence of a psychologist-client privilege, the client must establish that “(1) a confidential psychologist-patient relationship existed between defendant and *433 the psychologist, (2) during which the psychologist acquired information of the type contemplated by the privilege statute, (3) while attending the patient, and (4) which was necessary for diagnosis and treatment.” State v. Gullekson, 383 N.W.2d 338, 340 (Minn.App.1986) (citing State v. Staat, 291 Minn. 394, 399 , 192 N.W.2d 192, 197 (1971)), review denied (Minn. May 16, 1986). “[T]he absence of one essential fact

11
State v. Richardsgreen
minn · 1990 · cited in 1 Minnesota opinions naming this issue, 2006–2006
1 sentence

2006See State v. Richards, 456 N.W.2d 260, 264 (Minn.1990).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
State v. Burke green
wisctapp · 2002
2 sentences

2014Over 100 years later, in State v. Burke, 258 \Vis. 2d 832, 653 N.W.2d 922 (Wis. Ct. App. 2002), the Wisconsin Court of Appeals rejected the Polacheck reasoning, finding that legislators had no privilege from criminal arrest and that the privilege exception for "treason, felony and breach of the peace" was intended to mean "all crimes." Burke, 258 Wis. at 841, 653 N.W.2d at 927 .

2014Over 100 years later, in State v. Burke, 258 \Vis. 2d 832, 653 N.W.2d 922 (Wis. Ct. App. 2002), the Wisconsin Court of Appeals rejected the Polacheck reasoning, finding that legislators had no privilege from criminal arrest and that the privilege exception for "treason, felony and breach of the peace" was intended to mean "all crimes." Burke, 258 Wis. at 841, 653 N.W.2d at 927 .

22014–2014
Mahoney & Hagberg v. Newgard green
minn · 2007
2 sentences

2013And “[i]f public policy dictates that testimony by a witness is protected by absolute privilege as against a defamation claim, the same policy may be served through application of the privilege to bar all legal claims based on that same testimony.” Id. ‘When absolute privilege applies, the speaker is completely shielded from liability for her statements, even statements that are intentionally false or made with malice.” Id. at 306 .

2013And “[i]f public policy dictates that testimony by a witness is protected by absolute privilege as against a defamation claim, the same policy may be served through application of the privilege to bar all legal claims based on that same testimony.” Id. ‘When absolute privilege applies, the speaker is completely shielded from liability for her statements, even statements that are intentionally false or made with malice.” Id. at 306 .

12013–2013
State v. Black green
minn · 1980
1 sentence

2009Id.

12009–2009
Jenkins v. Jenkins neutral
minn · 1904
1 sentence

1908In Jenkins v. Jenkins, 92 Minn, 310, 311, 100 N. W. 7 , it was held that the widow could maintain ejectment for the possession of the land; it not appearing that the administrator had taken possession thereof.

11908–1908
Groll v. Tower green
mo · 1884
1 sentence

1889Russell v. Jackson, 15 Jur. 1117; Blackburn v. Crawfords, 3 Wall. 175 ; Groll v. Tower, 85 Mo. 249 .

11889–1889
Blackburn v. Crawfords green
· 1866
1 sentence

1889Russell v. Jackson, 15 Jur. 1117; Blackburn v. Crawfords, 3 Wall. 175 ; Groll v. Tower, 85 Mo. 249 .

11889–1889

Where else courts name it

CA 60 (1902–2026) TX 56 (1960–2026) NY 47 (1889–2025) WA 36 (1920–2025) PA 31 (1891–2025) OH 31 (1964–2024) FL 30 (1931–2025) LA 28 (1850–2021) OR 26 (1896–2024) IN 26 (1885–2017) IL 24 (1904–2026) MI 20 (1886–2026) MD 18 (1911–2024) NJ 17 (1960–2020) KY 15 (1929–2025) AZ 14 (1976–2026) VA 14 (1926–2023) CT 13 (1937–2011) NH 12 (1889–2018) MO 11 (1916–2014) WV 11 (1947–2022) WI 11 (1899–2026) IA 11 (1969–2024) CO 10 (1970–2026) AK 10 (1964–2017) MS 10 (1984–2023) NM 9 (1956–2015) MN 9 (1889–2016) OK 9 (1913–2019) GA 9 (1940–2025) ME 8 (1913–2014) MA 8 (1977–2018) AR 8 (1923–2003) AL 8 (1909–2018) DE 7 (1963–2020) RI 6 (1905–2017) KS 6 (1969–2017) NC 6 (1921–2019) DC 5 (1984–2025) TN 5 (1936–2019) UT 4 (1943–2020) HI 3 (1979–2014) NV 3 (1997–2020) ND 3 (1980–1994) SD 2 (1984–2001) NE 2 (1991–2007) VT 2 (1988–2002) ID 2 (1978–2014) MT 2 (1931–1969)

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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