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ATTORNEYS FOR APPELLANT
Steve Carter Attorney General of Indiana Jodi Kathryn Stein Indianapolis, Indiana

ATTORNEYS FOR APPELLEE
George E. Horn, Jr. Jesse M. Barrett Barnes & Thornburg South Bend, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 71S03-0403-CR-134 STATE OF INDIANA, Appellant (Plaintiff below), v. ROBERT JEFFREY PELLEY, Appellee (Defendant below). _________________________________ Interlocutory Appeal from the St. Joseph Superior Court, No. 71D08-0208-MR-00016 The Honorable R.W. Chamblee, Jr., Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 71A03-0305-CR-163 _________________________________ June 14, 2005 Rucker, Justice.

Because of a statutorily created privilege, communication to a social worker from the social worker's client is protected from disclosure. But the privilege does not extend to

communication taking place before the statute was enacted.

Facts and Procedural History

In 2002, Robert Jeffrey Pelley ("Pelley") was charged with the April 29, 1989 slayings of his father--Reverend Robert Pelley, stepmother--Dawn Pelley, and two minor stepsisters-- Janel Pelley and Jolene Pelley. From May 27, 1986 until April 27, 1989, two days before the murders, Pelley, his father, and his stepmother received group and individual counseling from the Family and Children's Center ("Center") located in South Bend. During the course of the counseling sessions, Center compiled and maintained various records. They included: intake records for Robert Pelley, Reverend Pelley and Dawn Pelley; progress notes from meetings with Robert Pelley, Reverend Pelley and Dawn Pelley; a psychological evaluation of Robert Pelley; and billing and payment records. The record is silent as to who compiled the intake, billing and payment records. However, Mabel Davis, a social worker then employed by Center, authored the progress notes. The psychological evaluation bears the signature of Jackson Turner, whose status is not revealed by the record, and Dr. A. Joseph Schwab, a psychologist.

On August 22, 2002, the State served a subpoena duces tecum on Center requesting "[a]ny and all counseling records from the . . . Pelley family from 1986

Download State of Indiana v. Robert Jeffrey Pelley.pdf

Indiana Law