Question
Dapline and Delores, two bored socialites, decided to rob a jewelry store owned by Dapline's ex-husband Edmund. Dapline had learned that Edmund had planned to
Dapline and Delores, two bored socialites, decided to rob a jewelry store owned by Dapline's ex-husband Edmund. Dapline had learned that Edmund had planned to give his new, much younger girlfriend a collection of rare gems. The stones were presently in the jewelry store's vault. Dapline vowed that the "blonde bimbo" would never get a carat of the collection, and Delores swore to help her best friend. The heist went smoothly, and Dapline returned home with the gems. However, she promised Delores to give her a necklace as a token of Dapline's appreciation. Delores wanted to wear the necklace at a charity ball that weekend. On Thursday, Dapline's dermatologist, Dr. Squak, performed a chemical peel to make Dapline look younger. However, the procedure was unsuccessful, and Dapline's face and eyes were severely burned. When Dapline learned she would be hospitalized for a week, she responded in the presence of Dr. Squak: "oh no, Delores will be so disappointed if I don't give her that necklace!"
Dapline and Delores are subsequently charged with robbery and conspiracy.
At trial the prosecution attempts to introduce the doctor's testimony that Dapline stated "Oh no, Delores will be so disappointed if I don't give her that necklace." Dapline's attorney objects. The judge will likely rule the evidence is:
(A) Inadmissible under the physician-patient privilege.
(B) Admissible, because the statement was not confidential.
(C) Admissible, if the conversation was overheard by a third person.
(D) Admissible, because of the statement's content.
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