State v. Hodgen

CLARK, Judge.

Did the court err in allowing Dr. Rood to testify for the State in violation of the defendant’s physician-patient privilege?

Defendant was committed to Dorothea Dix Hospital under G.S. 15A-1002 on petition of his attorney to aid the trial court in determining the capacity of the defendant to proceed. The report to the court, entitled “Discharge Summary,” was made by Dr. Mary M. Rood, a forensic psychiatrist on the staff at the hospital. The report was introduced into evidence by the State, after which it became a “public record” as provided by G.S. 15A-1002(d). It was the opinion…