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What is the name of your state? TX
Ok, I'm gunna give this a shot... It sounds like Scott's defense lawyer decided to have a psych.eval done (good idea in my opinion ) and Scott, being the savvy "client" asked the Doc if dr/patient privilege applied to their conversation. Scott believes that it should and is upset that the Doc might tell the court he is a few cards short of a full deck. His ex is somehow involved in the whole mess and he wants to know what to do.

That's pretty close. The doctor did his evaluation and I am well, per his opinion, however he does have a contract with the county in question, so he could be influenced. None the less, I'm ready for trial, but considering I asked point blank if our conversation was confidential and he replied very clearly with yes, and went on to say the only thing he would share with the court, or anyone for that matter would be his opinion and not the factors that support it, I would expect a change of venue. He's a professional in the field of psychology, a doctor of the mind, he ought to know what the hell I'm asking. I've listened a few times to what he and I said when that came up and it's clear.

I have nothing to hide, to the contrary, but I do have reason to fear a court that is a friend of the witness. When the witness keeps the DA and a few of the assistant DAs numbers as speed dials on her cell phone and did for the two or three years I've tasted, I mean known her, it's time to raise a flag and ask for a change of venue, or is it? I had to take that shot, I have a suspicion about the gecko moderator. In fact, considering he has made suggestions that only someone connected to the case would know, how might I obtain the originating IP of this flamer? He took the bait. He is young and might really need this forum for assistance. If it is who I think, then I know his proffesion expects him to to:

When a client’s course of action has already begun and is continuing, the lawyer’s
responsibility is especially delicate. The lawyer may not reveal the client’s wrongdoing, except as permitted or required by Rule 1.05. However, the lawyer also must avoid furthering the client’s unlawful purpose, for example, by suggesting how it might be concealed. A lawyer may not continue assisting a client in conduct that the lawyer originally supposes is legally proper but then discovers is criminal or fraudulent. Withdrawal from the representation, therefore, may be required. See Rule 1.15(a)(1)

So that's it, would those things qualify for a change of venue? The report from the doctor has already been given to the court and the prosecutor, so everything I would expect to be privileged is now not. Fair?

I've lost any respect I had for our justice system over this. I've never been in trouble with the law before, was half way into a custody case that I was winning, given to United Way and Big Brothers and Sisters for 17 years, now a dishonest person is stealing money from a group that helps women in need that is fully funded by United Way. In this person's defense, I should add she owns a T-shirt that says, "lie like you mean it". She's got that going for her. Sorry for the cynicism, this is wearing thin, otherwise I'm much more palatable.

abraham
 


Kane

Member
Nothing you've posted indicates to me that you're going to get a change of venue.

I'm guessing, based on what you've posted, that the Dr. said you were "competent to stand trial," but that he also said you were suffering from one or more mental illnesses (schizophrenia, or something like it). And you're worried his diagnosis will make it into evidence.

Your concern is misplaced. If he said you were competent, but mentally ill, you have no reason to call him as a witness, and the prosecutor can't.
 

ENASNI

Senior Member
keep going Abe, well actually hold back a little you are making too much sense in your insanity defense. Would I know? No, I am actually a little toosane, dispite my nomer, however you are do have a little bit of.. hmmm shall we say... hmmm whatchamacallit in your rant.. Be careful, your intellect is showing. Opps.. Gotta be cafeful on the inernet.

( Don't worry C, R and V I am okay)
 
Enyia?

Goes Enyia? sorry, i'm a pitiful speller. Not sure what that was all about, but I am amongst a group of wanna be esquires, or true lawyers, and all that that implies.

No, the doctor did not say I was insane, his, as well as a peer of his in the same market 35 days earlier said the same thing, I am well and ready for anything. If fact, both of them validated some theories on their face and because the alleged is in fact culpable and I wasn't, in their opinion. For that opinion they cited a few personal accomplishments of mine, of course as apposed to some personal accomplishments of the culpable.

I want a different venue becuase of what I do know to be true with regards to relationships between the alleged witness and those in and around my trial that work for the state. I would be contradicting my self if I suggested those emails she sent me that are time stamped with the full headers kept in tact are actually the truth, consdiering she is lying through her teeth in order to accomplish her "plan". She spoke of this plan in a conversation during Aug. of last year and via text message exchange with another socially in-credible co-worder that, yes, I have the old SIM chip and even cell phone with said evidence entact. I don't f around, I've been married to the devil, I recognize and maintain evidence, always will. But that's not all she left behind, stay tuned young person, whomever you are to find out.

I would also add that just becuase all those emails that she sent me with all those influential names in them have every right to see the light of day, even if I don't completely believe them, they do deserve attention and if for no other reason to shed some light on someone's credibility, or lack thereof.

I couldn't live with myself if I actively pursued hand outs from charity org.s knowing I had lied to get where I was. To add insult to injury, if my dishonesty was preserved in moving pictures. wow.

On a more positive note, just before this occured, I was responsible for signing up more than 1,000 new monthly contributures to United Way. I am proud of that occomplishment and it needs no fluff, and until someone I thought I knew started withdrawing from that charity, I really found no reason to even mention it, in any circles, until now.

Sorry to be so cynical, or like the majority here, with all due respect, but it really is as if this is nothing more than a place to pounce on the already terrorized people of this country, or world perhaps, that regardless of guilt, sometimes take a beating, not to mention bad advice they rest on. There are moments of goodness here and there, and I'll jump right in the middle of the ridicule whenever I think I can't wait to float something by my lawyer, but it's pretty obvious when the emotional defect is on the attackers end, that's when it becomes vulgar, a professional with a so called higher set of ethics then us non-laywers, or chumps. Can't we just all be friends? F buddies maybe? We're already F buddies when one thinks about it. xoxo :)

I should take that back, after re-reading Kane's response it is very obvious he or she has purpose that is not self serving by replying and I sincerely appreciate it. Maybe it's just a hand full that seem to grab all the attention, so strike that last paragraph for now please, and see ya.
 
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