United States Fifth Circuit

In a prosecution for extortion, a ruling that communications between defendant and his therapist were inadmissible at trial under the psychotherapist-patient privilege is reversed where defendant had no reasonable expectation of confidentiality when he made a threat that unless the managers of his workers' compensation claim continued to pay the benefits that he believed he was owed, he would "carry out his plan of violent retribution" against them and others.

Appellate Information

• Decided 02/11/2008
• Published 02/12/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen A. Higginson (argued), and Diane Hollenshead Copes, Asst. U.S. Attys., Duane Evans, New Orleans, LA, for U.S., Michael S. Fawer (argued), Smith & Fawer, Covington, LA, Michael Warren Hill, Smith & Fawer, New Orleans, LA, for Auster.