Hannah Ann Culbertson v. Randall Eric Culbertson
2012 Tenn. App. LEXIS 328
| Tenn. Ct. App. | 2012Background
- Husband and Wife married May 1, 2004; two minor children were born; separated July 2010.
- Wife filed for divorce Nov. 8, 2010 alleging physical and emotional abuse; Husband denied and counter-claimed for sole custody.
- Consent Order on Dec. 3, 2010 set temporary parenting schedule and counseling for both parties and children; Dr. Clement to assist the court and communicate with counselors.
- On Feb. 7, 2011 Wife served subpoenas for sessions with three of Husband’s psychologists; Husband moved to quash claiming psychologist-client privilege.
- Wife filed Motion for Release of Psychological Records; after hearings the court granted disclosure subject to a protective order; extraordinary appeal granted June 20, 2011.
- This Court vacated and remanded, holding the trial court failed to properly apply privilege and waiver standards and must conduct in camera review on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by ordering disclosure of psychological records | Culbertson argues records are privileged and not waived | Culbertson contends privilege was not waived and disclosure was improper | Reversed and remanded for in camera review |
Key Cases Cited
- Powell v. Cmty. Health Sys., Inc., 312 S.W.3d 496 (Tenn. 2010) (privilege/discovery principles guiding protection vs. disclosure)
- State ex rel. Flowers v. Tenn. Trucking Ass'n Self Ins. Group Trust, 209 S.W.3d 602 (Tenn. Ct. App. 2006) (sequential burden-shifting in privilege disputes)
- Lee Medical, Inc. v. Beecher, 312 S.W.3d 515 (Tenn. 2010) (discipline for abuse of discretion in discovery)
- State v. Lewis, 235 S.W.3d 136 (Tenn. 2007) (standard for discretionary decisions; framework for review)
- Bryan v. State, 848 S.W.2d 72 (Tenn. Crim. App. 1992) (waiver and scope of attorney-client privilege rules)
- State ex rel. Flowers, 209 S.W.3d 615 (Tenn. 2006) (confidential communications privileged unless waived)
- Jaffe v. Redmond, 518 U.S. 1 (U.S. 1996) (psychotherapist-patient privilege justification in confidentiality)