P. v. Zeledon
In this case, defense counsel hired a psychologist to evaluate defendant and perhaps testify as an expert witness. During discovery, counsel gave a copy of the psychological evaluation to the prosecutor, but, before doing so, he inexplicably failed to redact defendants statements to the psychologist and thus waived the psychotherapist-patient and attorney-client privileges protecting them. Although later at trial, defendant exercised his Fifth Amendment right against self-incrimination and did not testify, his own words to the psychologist introduced by the prosecutor became the sword that struck a fatal blow to his defense. Providing that weapon to the prosecution could not have been a reasonable trial tactic, and, therefore, Court conclude that counsel rendered ineffective assistance that undermines our confidence in the jurys verdict.
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