State v. Allman

In State v. Allman, 177 W.Va. 365, 352 S.E.2d 116 (1986), the Court approved a procedure whereby criminal defense attorneys may apply to the circuit court to obtain a copy of the confidential psychiatric profile of a victim, and designate in an in camera hearing relevant portions of the profile. The Court stated in Allman that: ". . . upon remand a copy of the granddaughter's psychiatric records should be provided to the defendant's counsel and an in camera hearing held as to relevancy. In the hearing, the defense counsel shall designate what parts of the record he believes to be relevant. The court shall then accept arguments as to the relevancy from both sides, and a record shall be made of all proceedings. All material found to be irrelevant shall be sealed, but kept with the record." (177 W.Va. at 368-69, 352 S.E.2d 119-20.)