Stanaway Motion Definition
A motion requesting a court permit a defendant to review the records of a witness’s psychologist, a sexual assault counselor, or a social worker. These records are privileged information. There must a “good-faith basis” grounded in specific, articulable facts demonstrating that the evidence exists, it is necessary to the defense, the content of the anticipated of the evidence, and it must favorably affect the defense’s case. If a proper showing is made, a court may then conduct an in-camera inspection of the records.
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