District Attorney v. Magraw

When David Magraw became a suspect in the murder of his wife, Nancy Magraw, the grand jury investigating her death became interested in what she might have said about her husband, from whom she was separated, to her lawyer and her psychotherapist. In her will, executed on November 17, 1978, Nancy had named her husband executor. In that capacity, David declined to waive either his wife’s attorney-client or psychotherapist-patient privilege, effectively preventing the lawyer and therapist from testifying before the grand jury. Thereupon, the district attorney for the Norfolk district petitioned…