State v. Pratt
Court of Appeals of Maryland
398 A.2d 421 (1979)
The State of Maryland (plaintiff) prosecuted Margaret Melton Pratt (defendant) for murdering her husband, and Pratt raised an insanity defense. Of the five or more psychiatrists who examined her, two supported her insanity claim. Over Pratt's objection, the State called Dr. Brian Crowley, a psychiatrist originally retained by Pratt's own defense counsel, who testified that his examination persuaded him Pratt was not legally insane. In closing, the State emphasized that Crowley had been the defense's own expert and suggested defense counsel may have shopped for favorable experts before finding two. The jury convicted Pratt, and the Court of Special Appeals ordered a new trial on the ground that Crowley's testimony violated the attorney-client privilege; the State appealed.
Whether raising an insanity defense, by itself, waives the attorney-client privilege as to communications between a criminal defendant and a mental-health expert retained by the defendant's own lawyer.