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DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, MAY 4, 2015

   

 

A14-0432       State of Minnesota, Respondent, vs. Kyle Dean McClain, Appellant.
                      St. Louis County District Court, Hon. Mark A. Munger.
           The inevitable-discovery exception to the exclusionary rule is limited to physical evidence and does not apply to statements obtained after an unlawful search.
           Reversed and remanded.  Chief Judge Edward J. Cleary.
           Concurring specially, Judge Kevin G. Ross.


A14-0413
       Jerry Expose, Jr., Appellant, vs. Thad Wilderson & Associates, P. A., Respondent,
                      Nina Mattson, Respondent.
          
           Ramsey County District Court, Hon. John H. Guthmann.
           1.   The immunity conferred by Minnesota Statutes section 148.975, subdivisions 4 and 8, does not apply to a mental-health therapist who is not licensed by the Board of Psychology.
           2.   The common-law doctrine of absolute privilege, which, in certain circumstances, protects persons from liability for statements made in judicial proceedings, cannot be invoked by a mental-health therapist who is alleged to have breached the duty of confidentiality imposed by the psychologist-patient privilege in Minnesota Statutes section 595.02, subdivision 1(g), except to the extent that the therapist was specifically required by a trial court's evidentiary ruling to give testimony.
           3.   A claim of invasion of privacy by publication of private facts may not be dismissed on the ground that the plaintiff did not serve an affidavit of expert review pursuant to Minnesota Statutes section 145.682 because expert testimony is not necessary to establish a prima facie case.
           Affirmed in part, reversed in part, and remanded.  Judge Matthew E. Johnson.