October 2016: Summaries of Published Opinions, 1216 COBJ, Vol. 45, No. 12 Pg. 111
Colorado Supreme Court
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October 3, 2016
2016 CO 68. No. 16SA94. Higgins v. People. Criminal Law—Juvenile Law—Psychotherapist– Patient Privilege—Constitutional Law.
This companion case to People v. Johnson, 2016 CO 69, raises two questions. First, does a trial court have statutory authority to order a juvenile charged as an adult to undergo a state-administered mental health assessment for a reverse-transfer proceeding? The Supreme Court answered that question in the negative in Johnson, but does not answer that question here because it is hypothetical—the question is not based on the facts of this case. Second, is a trial court required, before a mental health assessment, to provide a juvenile with warnings based on the Fifth Amendment right against self-incrimination? The Court does not answer that question either, because (1) Higgins consented to the evaluation while represented by counsel, and (2) any claims that ineffective assistance of counsel vitiated Higgins’s consent are premature. Therefore, the Court vacated the order to show cause and remanded the case for further proceedings.
2016 CO 69. No. 16SA96. Johnson v. People. Criminal Law—Juvenile Law—Psychotherapist– Patient Privilege.
This case raises two questions involving what a trial court may order when a juvenile seeks reverse-transfer of her criminal case from trial court to juvenile court. First, when a juvenile requests a reverse-transfer hearing, does she waive her psychotherapist–patient privilege, thereby authorizing a trial court to order her to produce privileged mental health records pursuant to CRS § 19-2-517(3)(b) (VI)? Second, does CRS § 19-2-517(3)(b)(VI) give a trial court the power to order a juvenile to submit t o a state mental health...
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