Commonwealth v. Dunkle

I respectfully dissent. Although I agree with the majority’s resolution of appellant’s fourth, fifth, sixth and seventh contentions, I disagree with its resolution of the first, second, and third contentions. I find no merit in the appeal, and would affirm judgment of sentence.

I. Issues of Agreement

I agree that defendant was not entitled to review privileged psychiatric records of the victim. The dictates of Pennsylvania v. Richie, 480 U.S. 39, 107 S.Ct. 989, 94 L.Ed.2d 40 (1987), regarding defense access to such materials were complied with fully. I wholeheartedly agree with the majority’s…