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Posted by: Landry Butler on Jan 17, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Allston Vander Horst, Centerville, Tennessee, for the appellant, Centerstone.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Brent A. Cooper, District Attorney General; and Christi Thompson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Appellant, Centerstone, seeks review of the trial court’s denial of a motion to quash a judicial subpoena issued to Centerstone for the mental health records of the victim in an underlying criminal case. Centerstone argues that the judicial subpoena issued pursuant to Tennessee Code Annotated section 40-17-123 is an invalid mechanism for discovery of mental health records made confidential by Tennessee Code Annotated section 33-3-103. After careful consideration, we conclude that access to the confidential mental health records must come by way of the procedure set forth in Tennessee Code Annotated section 33-3-105 rather than through a judicial subpoena issued pursuant to section 40-17-123. Therefore, we vacate the trial court’s order and remand the case.