Case Tankersley V. State V Boling 806 S. 2d 10n

Decent Essays
A. Rev. Yun offered advice and discussed spiritual matters with Ms. Borzoi; therefore, Rev. Yun was acting in her professional capacity as a senior pastor at BMCC.

Reverend Yun was acting in her professional capacity throughout her conversation with Ms. Borzoi. A clergy person is operating in their professional capacity when they are serving in the broadest sense of their role as a provider of spiritual care, guidance or consolation to the individual making the communication. Ex parte Zoghby, 958 So. 2d 314, 322 (Ala. 2006). Tankersley v. State, 724 So. 2d 557 (Ala. Crim. App. 1998). State v. Boling, 806 S.W.2d 202 (Tenn. Crim. App. 1990). In Ex parte Zoghby, Archbishop of the church had dual roles as both administrator and priest. Ex parte
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Borzoi. Unlike the Archbishop in Ex Parte Zoghby, Reverend Yun’s conversation was not wholly secular. Instead, Reverend Yun addressed the spiritual matter of supporting members of the church through their temptation. The court in Tankersley stated that Rule 505 broadened the scope beyond communications that were confessional or martial in nature. Similar to the defendant in Tankersley, Ms. Borzoi often confided in Reverend Yun about personal and spiritual matters. However, this case is different from Tankersley because Ms. Borzoi was not discussing a violent crime. Furthermore, Reverend Yun and Ms. Borzoi had an on-going counseling relationship as required by the court in Boling. Her visit to Reverend Yun’s office was no different than those previous times where Reverend Yun provided her counsel for addressing her fear of making people upset with her. Also similar to the defendant in Boling, Ms. Borzoi valued Reverend Yun’s advice and perspective and wanted help in the progress of overcoming this fear. The conversation between Reverend Yun and Ms. Borzoi was also informal (as the conversation was between the clergy member and the defendant in Boling). However, since the content of their conversation involved spiritual advice and counseling, the conversation was within Reverend Yun’s professional capacity. Reverend Yun gave Ms. Borzoi spiritual advice on supporting all…show more content…
Borzoi and Reverend Yun have an ongoing counseling relationship. The conversation that took place in December of 2012 was no different from any counseling conversation that took place before. Reverend Yun offered guidance and care to Ms. Borzoi regarding her character flaw and encouraging her to give her support to members of BMCC. Ms. Borzoi made it clear that she wanted the conversation to remain confidential by requesting Reverend Yun’s confidence on the matter and shutting the door. As the senior pastor of BMCC, Reverend Yun has a duty to retain the confidences of her congregants and under Rule 505 she has the right to assert this duty. Therefore, Reverend Yun claims privilege under Rule 505 and the court should strike Plaintiff’s Motion to Compel Exhibit C and deny the Plaintiff’s Motion to Compel Reverend
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