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Daymude v. State

Indiana Court of Appeals

540 N.E.2d 1263 (1989)

Facts

Daymude (plaintiff) was reported to the Indiana State Department of Public Welfare for allegedly sexually abusing his 13-year-old daughter. The department initiated a proceeding pursuant to the state’s Child in Need of Services statute, and a juvenile court ordered that Daymude’s daughter be admitted to a hospital and the family, including Daymude, undergo counseling. During counseling, Daymude disclosed information related to the alleged abuse. During Daymude’s criminal prosecution, the state (defendant) sought to depose the family’s counselor. Daymude objected to the deposition; however, the trial court denied the objection and ordered the counselor to answer the state’s questions regarding communications Daymude made during counseling. Daymude appealed.

Rule of Law

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Issue

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Holding and Reasoning (Baker, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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