State v. Leedom
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The Supreme Court conditionally affirmed Defendant's convictions but remanded the case for an in camera inspection of the victim's mental health records, holding that the district court erred by failing to conduct the in camera inspection.
Defendant was convicted of sexually abusing his granddaughter. During trial, the granddaughter lied about certain facts, and thus the granddaughter's credibility was a key issue. In her deposition, the granddaughter testified that she had disclosed the defendant's abuse to her therapist, a mandatory reporter. Noting that the therapist had not reported the alleged abuse, Defendant filed a motion for the court's in camera inspection arguing that the records likely contained exculpatory impeachment evidence. The district court denied the motion and Defendant's request for an ex parte hearing. The Supreme Court remanded the case, holding that the district court did not err in denying Defendant's motion for an ex parte hearing but erred by failing to conduct the in camera inspection of the granddaughter's mental health records.
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