Goldsmith v. State

Distinguishing between pretrial discovery of privileged records and at trial disclosure of such records, ostensibly recognizing the latter as protected by the defendant’s constitutional right to present a defense, see Majority Op. at 130, the majority holds that “no common law, court rule, statutory or constitutional requirement [provides] that a defendant be permitted pre-trial discovery of privileged records held by a third party.” Majority Op. at 127. This holding impermissibly resolves an issue not decided by the courts below or presented by our grant of certiorari, Clark v. State, 306…