Ex Parte Day

This petition for writ of certiorari was issued to the Court of Criminal Appeals on the basis that a material question requiring decision is one of first impression. The issue presented is twofold. First, "May the state offer, on its case in chief, the testimony of a psychiatrist consulted by the defense in preparation for trial, or is it `privileged'? If `privileged,' what is the nature of the `privilege'?" Second, "Was there `waiver' of the privilege in this case?"

We hold, in answer to these questions, that the testimony of the psychiatrist was "privileged," the nature of which is…