State v. Cole
Iowa Supreme Court
295 N.W.2d 29 (1980)
- Written by Nicole Gray , JD
Facts
In September 1977, Mary Kathleen Cole (plaintiff) shot and killed her ex-husband at a clinic where he worked. After Cole was taken into custody, a magistrate judge ordered psychiatric and physical examinations of Cole to determine her physical and mental fitness to proceed with trial. Cole was examined by two doctors pursuant to the order. During Cole’s prosecution for first-degree murder, Cole gave notice that she intended to use the diminished-capacity defense, and the State of Iowa (defendant) sought to obtain psychiatric evidence from the two doctors who examined Cole pursuant to the court’s order. Over Cole’s objections, the trial court allowed both doctors to provide pretrial depositions and allowed one to testify at trial on the state’s behalf. Cole was convicted. Cole appealed her conviction, arguing that admissibility of the psychiatric evidence was erroneous because the communications were protected by physician-patient privilege. The doctors were not Cole’s treating physicians. However, Cole argued that the privilege applied because the court-ordered examinations constituted treatment, given that she was suicidal.
Rule of Law
Issue
Holding and Reasoning (Larson, J.)
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