Silversmith v. State

We grant this petition for writ of certiorari and quash an order directing Petitioner, a non-party psychiatrist-witness, to testify as to information he claims is privileged under section 455.2415, Florida Statutes (1995).

Before requiring Petitioner to answer questions which he contends will reveal the patient’s identity, the trial court should conduct an in camera hearing to consider which questions can be answered without revealing-the patient’s identity. To the extent all questions will reveal the patient’s identity, the state should be required to demonstrate its need for the information.…