U.S. v. Meagher, 75--1338
| Decision Date | 14 May 1976 |
| Docket Number | No. 75--1338,75--1338 |
| Citation | 531 F.2d 752 |
| Parties | 2 Fed. R. Evid. Serv. 210 UNITED STATES of America, Plaintiff-Appellee, v. William Joseph MEAGHER, a/k/a William Joseph Mayher, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Rudy Hernandez, Jacksonville, Fla. (Court appointed), for defendant-appellant.
John L. Briggs, U.S. Atty., Robert S. Yerkes, Ernst D. Mueller, Asst. U.S. Attys., Jacksonville, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before AINSWORTH, MORGAN and RONEY, Circuit Judges.
In a non-jury trial, defendant William Joseph Meagher was convicted on January 15, 1975 of robbing the Florida Northside Bank of Jacksonville, Florida. The only defense raised by defendant was insanity at the time of the offense. Defendant supported this defense with the testimony of nine medical witnesses; the government rebutted defendant's claim of insanity through the testimony of six medical witnesses and eight lay witnesses. On appeal, the defendant alleges that commission of three reversible errors by the trial court: (1) by entering into evidence the testimony and records of Dr. Samuel Yochelson, the court violated the defendant's physician-patient privilege; (2) correspondence between the defendant and Dr. Yochelson constituted confessions in violation of the Fifth and Sixth Amendments and were, thereby, improperly admitted; and (3) there was insufficient evidence on the issue of defendant's sanity to sustain the court's verdict of guilty.
PHYSICIAN-PATIENT PRIVILEGE:
Defendant contends that the trial court erred in admitting into evidende the records and testimony of Dr. Samuel Yochelson, a psychiatrist employed by the National Institute of Mental Health, an agency associated with the Department of Health, Education and Welfare in Washington, D.C. The defendant had been a voluntary member of Dr. Yochelson's program in the research of criminal behavior between December, 1971 and July 1971 and between May, 1973 and September 1973; the robbery of the Jacksonville bank occurred in October of 1973. Throughout the period beginning in July of 1971, the defendant maintained a fairly regular correspondence with Dr. Yochelson. Dr. Yochelson testified that, in his professional opinion and as a result of his long personal contact with defendant, he did not believe the defendant to have been insane at the time of the bank robbery. In addition, the prosecutor introduced into evidence the correspondence between the defendant and Dr. Yochelson to support its contention that Meagher was sane when he robbed the Jacksonville bank.
Defendant objects that admission of both of these pieces of evidence violated his privilege, as a patient, against the disclosure of information confidential to a physician. Defendant's contention is without merit. Under Rule 26, Fed.R.Crim.P., the admissibility of evidence in federal criminal trials is governed by common law, except as modified by Congress. Rule 501, Fed.R. of Ev., states that unless otherwise provided, the privilege of a witness shall be governed by the principles of common law as interpreted by U.S. Courts in light of experience and reason. At common law, no physician-patient privilege existed and, therefore, we recognize no such privilege in federal criminal trial today. United States v. Harper, 450 F.2d 1032 (5th Cir. 1971). Even assuming that we recognized such a privilege, it is extremely doubtful that defendant Meagher could avail himself of it under the facts of this case. First, in its Proposed Rules of Evidence, Rule 504, the Supreme Court recommended a psychotherapist-patient privilege, but expressly excepted from the privilege those situations in which the patient relies upon his mental condition as an element of his defense; i.e., whenever the defendant raises an insanity defense. Rule 504(d)(3), Proposed Rules of Evidence for United States Courts and Magistrates, 51 F.R.D. 315, 366 (1971). This proposed psychotherapist-patient privilege was not accepted by Congress in its final enactment of the Federal Rules of Evidence; yet, even if such a privilege had been adopted via the Supreme Court's proposed rules, it could not be utilized when the defendant is a criminal trial claims insanity as...
To continue reading
Request your trial
-
U.S. v. Simmons
...States v. Corona, 849 F.2d 562, 567 (11th Cir.1988) (citing United States v. Lindstrom, 698 F.2d 1154 (11th Cir.1983); United States v. Meagher, 531 F.2d 752 (5th Cir.), cert. denied, 429 U.S. 853, 97 S.Ct. 146, 50 L.Ed.2d 128 (1976)), cert. denied, 489 U.S. 1084 (1989); United States v. Ho......
-
Doe, In re, 1579
...64 (1977), most courts which have considered the matter have concluded that none exists in federal law, see e.g., United States v. Meagher, 531 F.2d 752, 753 (5th Cir.) (psychiatrist-patient privilege), cert. denied, 429 U.S. 853, 97 S.Ct. 146, 50 L.Ed.2d 128 (1976); United States v. Mullin......
-
Dixon v. City of Lawton, Okl.
...v. Corona, 849 F.2d 562, 567 (11th Cir.1988), cert. denied, --- U.S. ----, 109 S.Ct. 1542, 103 L.Ed.2d 846 (1989); United States v. Meagher, 531 F.2d 752, 753 (5th Cir.), cert. denied, 429 U.S. 853, 97 S.Ct. 146, 50 L.Ed.2d 128 (1976). Once again, however, we need not decide whether to reco......
-
Jaffee v. Redmond
...U. S. 906 (1989) (same); United States v. Corona, 849 F. 2d 562 (CA11 1988), cert. denied, 489 U. S. 1084 (1989) (same); United States v. Meagher, 531 F. 2d 752 (CA5), cert. denied, 429 U. S. 853 (1976) (same). Because of the conflict among the courts of appeals and the importance of the qu......
-
Privileges
...for probative evidence.” Also, the protection of such communications is necessary for effective psychotherapy. United States v. Meagher, 531 F.2d 752 (5th Cir. 1976). No physician-patient privilege is recognized as part of the common law in a federal criminal case, but even if such a privil......
-
Specific Privileges
...for probative evidence.” Also, the protection of such communications is necessary for effective psychotherapy. United States v. Meagher, 531 F.2d 752 (5th Cir. 1976). No physician-patient privilege is recognized as part of the common law in a federal criminal case, but even if such a privil......
-
Privileges
...for probative evidence.” Also, the protection of such communications is necessary for effective psychotherapy. United States v. Meagher, 531 F.2d 752 (5th Cir. 1976). No physician-patient privilege is recognized as part of the common law in a federal criminal case, but even if such a privil......
-
Privileges
...for probative evidence.” Also, the protection of such communications is necessary for e൵ective psychotherapy. United States v. Meagher, 531 F.2d 752 (5th Cir. 1976). No physician-patient privilege is recognized as part of the common law in a federal criminal case, but even if such a privile......