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Neuman v. State

The trial court erred in admitting a psychologist's and a psychiatrist's records related to their evaluation of the defendant for purposes of consulting with his defense team, since that evidence was protected by the attorney-client privilege.

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Appellant Hemy Neuman was indicted and tried for murder and firearm possession in connection with the shooting death of Russell “Rusty” Sneiderman. Neuman pled not guilty by reason of insanity, claiming that he suffered from mental illness that rendered him incapable of distinguishing between right and wrong in relation to his crimes. The jury found Neuman guilty but mentally ill, and Neuman now appeals, contending that the trial court erred in ruling on the admission and exclusion of certain evidence. Because the trial court erred in admitting evidence, which was protected by the attorney-client privilege, we now reverse.1

Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial established as follows. Shortly after 9:00 a.m. on November 18, 2010, Sneiderman was walking to his car outside of a Dunwoody daycare center after having just dropped off his son, when Neuman approached and shot him four to five times in the neck and torso. Sneiderman was pronounced dead approximately an hour later.

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