State v. White MPT Lindsey Renee Birchmore March 7, 2024 Brief in Support of Motion to Quash 1. Statement of Facts In September 2000, James White faced aggravated assault charges following a violent altercation involving a knife with his brother, Stephen White, at their shared residence. Legal proceedings were delayed multiple times due to concerns surrounding James White's mental health. As a Gulf War veteran receiving compensation for a nervous condition, James underwent a mental health evaluation directed by his appointed attorney, during which he disclosed confidential information to a social worker. The social worker, unable to provide a definitive diagnosis, suggested the possibility of Post Traumatic Stress Disorder or schizophrenia.
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James White expressed feelings of anger toward his brother and even expressed that he tried to poison his brother, but the social worker reported that it was not clear if Mr. White was telling the truth. 2. What is the difference between a'smart' and a'smart'? Arguments a. The Attorney-Client Privilege Extends to Those Working Under the Attorney Franklin’s Evidence Code, Section 953, safeguards the confidentiality of communications between a lawyer and their client. These communications cannot be disclosed without the client’s consent. This protection is also extended to those working under the lawyer, as established in Shea Cargo Co. v. Wilson. In Shea, the privilege was broadened to cover "any form of agency employed or set in motion by the client or the lawyer." Here, Mr. White’s lawyer, Mr. Espinoza, contacted the social worker, Ms. Peterson, to perform an interview with Mr. White. Therefore, Ms. Peterson was hired by Mr. Espinoza to assist him with the case and therefore was an agent of the
James White expressed feelings of anger toward his brother and even expressed that he tried to poison his brother, but the social worker reported that it was not clear if Mr. White was telling the truth. 2. What is the difference between a'smart' and a'smart'? Arguments a. The Attorney-Client Privilege Extends to Those Working Under the Attorney Franklin’s Evidence Code, Section 953, safeguards the confidentiality of communications between a lawyer and their client. These communications cannot be disclosed without the client’s consent. This protection is also extended to those working under the lawyer, as established in Shea Cargo Co. v. Wilson. In Shea, the privilege was broadened to cover "any form of agency employed or set in motion by the client or the lawyer." Here, Mr. White’s lawyer, Mr. Espinoza, contacted the social worker, Ms. Peterson, to perform an interview with Mr. White. Therefore, Ms. Peterson was hired by Mr. Espinoza to assist him with the case and therefore was an agent of the