On May 3, 2016, the Minnesota Supreme Court Capitol City Law Group, LLC
defended the victory it won in the Minnesota Court of Appeals, which protected
patient privacy from criminal prosecutions. How the Minnesota Supreme
Court decides this case will have a significant impact on patient privacy rights.
The case begins when client J.E. – name hidden to protect identity
as the case is still ongoing – has a session with his unlicensed
therapist. During this confidential session, J.E. opened up to his therapist,
sharing his deepest and most-troubling thoughts in search of answers and
guidance, which is the entire point of going to therapy. Apparently alarmed
by what she heard, the therapist shared his concerns with the Ramsey County
prosecutors, who then arrest and charge J.E. for terroristic threats, a felony.
J.E. retained Capitol City Law Group, LLC and our St. Paul criminal defense
attorneys to represent him at the resulting criminal trial. Unfortunately,
the result was a conviction, despite the only evidence being what he speculated
while talking to his therapist.
However, due to the vigilance and intelligent case construction of our lawyers,
the trial was successfully appealed to the Minnesota Court of Appeals
and then to the Minnesota Supreme Court. After reviewing the proceedings
and our casework, the conviction is overturned.
A Second Trial and a Second Round of Appeals
Upset by the actions of his therapist, which seemed to directly violate
doctor-patient confidentiality agreements and standards, J.E. decided
to sue his therapist. He is faced with unfortunate odds and the trial
court denies him a victory. Undeterred and confident that Capitol City
Law Group can help him once again, he rehires us to appeal
this court’s decision. The Minnesota Court of Appeals sees things our
way, in no small thanks to the persuasive and knowledgeable arguments
put forth by our dedicated team, and reverses the district court’s
dismissal. The matter is now before the highest court in the state of
Here is a link to the video of the oral argument:
For the latest updates on this ongoing case, be sure to return to our
blog regularly. If you need the help of our St. Paul criminal defense lawyers
for a case of your own, call
651.419.3615 for a
free case evaluation.