Question
Larson was convicted of sexually assaulting Cantrell, a woman with whom, according to evidence, he had been in an intimate relationship.Soon after the attack, Larson
Larson was convicted of sexually assaulting Cantrell, a woman with whom, according to evidence, he had been in an "intimate relationship."Soon after the attack, Larson contacted a priest, Father Jack Simpson, who was also a "part-time unlicensed marriage counselor."Larson and Simpson talked privately at a church where Simpson was a priest.Father Simpson later testified at trial for the prosecution (Cantrell's side) and revealed the private conversation between Larson and himself.Larson was subsequently convicted of sexual assault.Larson then appealed on grounds that Father Simpson's testimony should have been excluded because of the privilege on communications with clergy and/or the therapist-client privilege.Evidence showed that Larson had contacted Father Simpson for "advice on his relationship with Cantrell."
- Should theclergy-parishionerprivilege apply in this case?That is, should Larson get a new trial in which Father Simpson is not permitted to testify?Why or why not?
- Should thetherapist-clientprivilege apply in this case?Should Larson get a new trial without Simpson, as marriage counselor, testifying?Why or why not?
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