Porta v. State

I agree with the majority that the trial court erred by allowing Dr. Deyoub to testify during the State’s ease-in-chief about the inculpatory statements Porta made to him during the competency examination. I would, |14however, analyze this error under Porta’s fourth and fifth sub-points: that the court erred in failing to find Porta’s statements privileged and that the court’s abuse of discretion in admitting them rose above the threshold for harmless error.

First, I would find that Porta’s statements to Dr. Deyoub were inadmissible because they were used for a purpose other than that of the…