Legal Opinion · Dissent

Weisbeck v. Hess

South Dakota Supreme Court

Decided November 9, 1994No. 18509Published

1DissentWuest, Justice

As noted by the majority, challengers to a ruling on an evidentiary matter must prove that the trial court abused its discretion. Because a judicial mind, in view of the law and the circumstances of this case could reasonably have concluded as did the trial court in this case, I dissent. Additionally, the majority would allow a psychotherapist to discuss his harmful acts against a client with a social worker, and allow those discussions to remain privileged. Therefore, I dissent on that issue also.

FACTS

Plaintiff Weisbeck was married to his wife Cindy in 1974. Starting in November 1986, Cindy…

2Cases cited37 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Herbert v. LandoSupreme Court of the United States · 1979
  4. Ex Parte AbellTexas Supreme Court · 1981
  5. Jerrie M. Simmons v. United StatesCourt of Appeals for the Ninth Circuit · 1986

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