Mosby v. State

I respectfully dissent from the majority’s decision to reverse the conviction of the sexual abuse of a child. Their interpretation and application of the mental health privilege provided by Rule 510(b)(1) of our Texas Rules of Evidence1 is incorrect. In addition, the admission of the same evidence without objection throughout the trial cured the error, if any there was.

Article 5561h and Rule 510(b)(1) are the operative statutory provisions relevant to this case. However, I fail to see how a determination of this issue disposes of appellant’s claim that the admission of his communications to…