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Freeman v. State3/27/2002
, and J.I. was a member of Martin's family who made statements to Toppa for the purpose of diagnosis or treatment. Martin therefore had the right to refuse to disclose J.I.'s statements - and, more to the point, he had the right to prevent Toppa from disclosing them.
Nothing in the record indicates that Martin ever waived this privilege, or that he was even asked to do so. Without Martin's waiver of the psychotherapist-patient privilege, Toppa could not testify about J.I.'s statements.
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