Utah Court of Appeals
Can trial counsel be ineffective for failing to assert clergy-penitent privilege? State v. Patterson Explained
Summary
Patterson was convicted of aggravated sexual abuse and lewdness involving his stepdaughter. He argued ineffective assistance when his attorneys advised him not to testify after the prosecution threatened to use his communications with a bishop for impeachment. The court found Patterson waived the clergy-penitent privilege by permitting disclosure of a psychosexual evaluation containing the bishop’s statements to prosecutors.
Practice Areas & Topics
Analysis
In State v. Patterson, the Utah Court of Appeals addressed whether trial counsel rendered ineffective assistance by failing to assert the clergy-penitent privilege when advising a defendant not to testify.
Background and Facts
Patterson was convicted of aggravated sexual abuse and lewdness involving his stepdaughter. After his arrest, Patterson met with his bishop in what he described as a confidential clergy-penitent communication. However, Patterson later provided the bishop’s name as a character reference for a psychosexual evaluation prepared by his defense team. The evaluation included the bishop’s statement that Patterson “told [him] how sorry he was for what he has done.” When prosecutors threatened to use this statement for impeachment if Patterson testified, his attorneys advised him not to take the stand.
Key Legal Issues
The central issue was whether trial counsel provided ineffective assistance by failing to assert the clergy-penitent privilege under Utah Rule of Evidence 503, which could have prevented the prosecution from using Patterson’s communications with his bishop for impeachment purposes.
Court’s Analysis and Holding
The court found that Patterson had waived the clergy-penitent privilege under Rule 510 by failing to take reasonable precautions against inadvertent disclosure. Specifically, Patterson reviewed the psychosexual evaluation containing the bishop’s statements and consented to its disclosure to the prosecution. The court held that both Patterson and the bishop “fail[ed] to take reasonable precautions against inadvertent disclosure,” constituting waiver under Rule 510(a)(2). Because the privilege was waived, trial counsel’s performance was not deficient for failing to raise it.
Practice Implications
This decision highlights the importance of carefully managing privileged communications in criminal defense. Defense attorneys must ensure that any materials referencing privileged communications are thoroughly reviewed before disclosure to avoid inadvertent waiver. The case also demonstrates that ineffective assistance claims will fail when counsel’s alleged deficiency stems from the client’s own waiver of applicable privileges.
Case Details
Case Name
State v. Patterson
Citation
2013 UT App 11
Court
Utah Court of Appeals
Case Number
No. 20100243-CA
Date Decided
January 10, 2013
Outcome
Affirmed
Holding
Trial counsel was not ineffective for failing to assert clergy-penitent privilege where defendant waived the privilege by consenting to disclosure of psychosexual evaluation containing privileged communications to the prosecution.
Standard of Review
Correctness for legal conclusions following Rule 23B hearing; questions of law for ineffective assistance claims raised for first time on appeal; plain error analysis requiring obvious error and harm
Practice Tip
When preparing psychosexual evaluations that may reference privileged communications, carefully review all statements before agreeing to disclosure to avoid inadvertent waiver of applicable privileges.
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