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COMMONWEALTH v. VEGA

449 Mass. 227 (2007)

COMMONWEALTH v. ALBERTO VEGA & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 23, 2007.

Attorney(s) appearing for the Case

Victoria Kelleher for the defendant.

Christina E. Miller, Assistant District Attorney, for the Commonwealth.

Karen Dean-Smith for the intervener.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

COWIN, J.

General Laws c. 112, § 172, makes confidential a communication to an "allied mental health . . . professional."2 In this appeal, we consider whether the statute also creates an evidentiary privilege for such a communication, similar to the statutory privileges for communications with psychotherapists, social workers, and sexual assault and domestic violence counsellors. Based on...

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