State of Iowa v. Christopher Craig Thompson , 2013 Iowa Sup. LEXIS 98 ( 2013 )

CADY, C.J.

(concurring specially).

I concur in the majority opinion, but write separately to express my view that the statutory standard for judicial review of confidential records under Iowa Code section 622.10(4) (Supp.2011) should be given its definition through the application of facts on a case-by-case basis. As this case and State v. Thompson, 836 N.W.2d 470, 484 (Iowa 2013), illustrate, the facts are what should breathe meaning into the “reasonable probability” standard, and this standard will continue to gain greater clarity in the future as additional cases continue to give it shape.