People v. Phipps

Simply stated, the question presented is this:

To what extent is a defendant in a criminal action entitled to discovery of confidential psychiatric files of a State witness, which are in the custody of the Illinois Department of Mental Health and Developmental Disability (DMHDD)?

(This case is presently before us on remand from our Supreme Court. 83 Ill. 2d 87, 413 N.E.2d 1277.)

Defendant was charged with cruelty to persons (Ill. Rev. Stat. 1977, ch. 23, par. 2368), maltreatment of a mentally retarded person (Ill. Rev. Stat. 1977, ch. 91%, par. 15 — 1), and battery (Ill. Rev. Stat. 1977, ch. 38,…