priest-penitent privilege (California) · Go Syfert
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priest-penitent privilege in California

6 California opinions name it 2 courts 1982–2015 0 in the last five years

The cases below were cited by California 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 (2)

CaseFollowedCited
Trammel v. United Statesgreen
scotus · 1980 · cited in 4 California opinions naming this issue, 1982–2005
2 sentences

2005"The priest-penitent privilege recognizes the human need to disclose to a spiritual counselor, in total and absolute confidence, what are believed to be flawed acts or thoughts and to receive clerical consolation in return." ( Trammel v. United States (1980) 445 U.S. 40 , 100 S.Ct. 906 , 63 L.Ed.2d 186 .) "The present day clergy-penitent privilege has its origin in the early Christian Church sacramental confession which existed before the Reformation in England.

2005"The priest-penitent privilege recognizes the human need to disclose to a spiritual counselor, in total and absolute confidence, what are believed to be flawed acts or thoughts and to receive clerical consolation in return." ( Trammel v. United States (1980) 445 U.S. 40 , 100 S.Ct. 906 , 63 L.Ed.2d 186 .) "The present day clergy-penitent privilege has its origin in the early Christian Church sacramental confession which existed before the Reformation in England.

34
ROMAN CATH. ARCHBISHOP OF LA v. Super. Ct.green
calctapp · 2005 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015Code, §§ 1032, 1033, 1034.) “ ‘The priest-penitent privilege recognizes the human need to disclose to a spiritual counselor, in total and absolute confidence, what are believed to be flawed acts or thoughts and to receive priestly consolation and guidance in return.’ ” (Roman Catholic Archbishop of Los Angeles v. Superior Court (2005) 131 Cal.App.4th 417, 443 [ 32 Cal.Rptr.3d 209 ].) It has been argued that “the humanistic case for this privilege is stronger than the corresponding case for any other privilege.

2015Code, §§ 1032, 1033, 1034.) “ ‘The priest-penitent privilege recognizes the human need to disclose to a spiritual counselor, in total and absolute confidence, what are believed to be flawed acts or thoughts and to receive priestly consolation and guidance in return.’ ” (Roman Catholic Archbishop of Los Angeles v. Superior Court (2005) 131 Cal.App.4th 417, 443 [ 32 Cal.Rptr.3d 209 ].) It has been argued that “the humanistic case for this privilege is stronger than the corresponding case for any other privilege.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Society of Jesus v. Commonwealth green
mass · 2004
2 sentences

2005Assessment of the applicability of that privilege does not lead to excessive government entanglement in religion." ( Id. at p. 283, fn. omitted, italics added.) This case is analogous to Society of Jesus of New England v. Com., supra, 441 Mass. 662 , 808 N.E.2d 272 , rather than to NLRB v. Catholic Bishop of Chicago, supra, 440 U.S. 490 , 99 S.Ct. 1313 , 59 L.Ed.2d 533 .

2005Assessment of the applicability of that privilege does not lead to excessive government entanglement in religion." ( Id. at p. 283, fn. omitted, italics added.) This case is analogous to Society of Jesus of New England v. Com., supra, 441 Mass. 662 , 808 N.E.2d 272 , rather than to NLRB v. Catholic Bishop of Chicago, supra, 440 U.S. 490 , 99 S.Ct. 1313 , 59 L.Ed.2d 533 .

22005–2005
National Labor Relations Board v. Catholic Bishop green
scotus · 1979
2 sentences

2005Assessment of the applicability of that privilege does not lead to excessive government entanglement in religion." ( Id. at p. 283, fn. omitted, italics added.) This case is analogous to Society of Jesus of New England v. Com., supra, 441 Mass. 662 , 808 N.E.2d 272 , rather than to NLRB v. Catholic Bishop of Chicago, supra, 440 U.S. 490 , 99 S.Ct. 1313 , 59 L.Ed.2d 533 .

2005Assessment of the applicability of that privilege does not lead to excessive government entanglement in religion." ( Id. at p. 283, fn. omitted, italics added.) This case is analogous to Society of Jesus of New England v. Com., supra, 441 Mass. 662 , 808 N.E.2d 272 , rather than to NLRB v. Catholic Bishop of Chicago, supra, 440 U.S. 490 , 99 S.Ct. 1313 , 59 L.Ed.2d 533 .

22005–2005
Simrin v. Simrin green
calctapp · 1965
2 sentences

1986Code, § 1032; cf. Simrin v. Simrin (1965) 233 Cal. App.2d 90 [ 43 Cal. Rptr. 376 ].) [2] Of course, the mere promulgation of regulations does not ensure validity; the guidelines embodied in the regulations must still satisfy the relevant statutory and constitutional standards.

1986Code, § 1032; cf. Simrin v. Simrin (1965) 233 Cal. App.2d 90 [ 43 Cal. Rptr. 376 ].) [2] Of course, the mere promulgation of regulations does not ensure validity; the guidelines embodied in the regulations must still satisfy the relevant statutory and constitutional standards.

11986–1986

Statutes the citing opinions construe

CA § Cal. Evidence Code § 1032 (5) CA § Cal. Evidence Code § 1030 (3) CA § Cal. Evidence Code § 1034 (3) CA § Cal. Evidence Code § 954 (3)

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

NJ 7 (1971–2020) CA 6 (1982–2015) NY 5 (1979–2025) MA 3 (1994–2015) MS 3 (2001–2005) UT 2 (1994–2014) AL 2 (2006–2006) IA 2 (2014–2018)

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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