Jordan v. Honorable Court of Appeals for the Fourth Supreme Judicial District

I agree with the determination by the court as to which documents are privileged. However, I disagree that the privilege has been waived. More importantly, I disagree *650with the majority’s shift of the burden of proof on the waiver issue.

The court mistakenly holds that mere possession of documents by the Grand Jury creates a presumption that those documents were voluntarily disclosed by the real parties at interest — the University of Texas Health Science Center at San Antonio, Dr. Harrison, and Dr. Dunn (hereinafter called Health Care Providers).1 According to the majority, the record’s…