¶1(dissenting).
¶2I respectfully dissent for the same reasons articulated by Justice Carter. I write to elaborate on those reasons.
¶3The majority first concludes that the act constituting willful injury may not also serve as the predicate felony under the felony-murder rule. This holding is not only contrary to established precedents of this court, but it is contrary to the manner our legislature has chosen for the felony-murder rule to operate in Iowa. Under fundamental principles of judicial decision making we are obligated to follow our precedents absent compelling reasons. See Channon v. United Parcel Serv., Inc., 629 N.W.2d 835, 857 (Iowa 2001) (“[U]nder the doctrine of stare decisis there is a preference for upholding prior decisions of this court.”); Miller v. Westfield Ins. Co., 606 N.W.2d 301, 306 (Iowa 2000) (noting holdings should be overruled only “when error is manifest”). There are no compelling reasons in this case to overrule our prior holdings, especially since these holdings are based on the judgment of our legislature as reflected in our statutes. Under our limited role in government, it is not for us to chart a different course from the legislature absent a conflict with our constitution. There is no such conflict in this case.
¶4I also believe the opinion by the majority has inflicted harm to the longstanding protections and sound policies of the physician-patient privilege. Regrettably, the damage to this centuries-old doctrine comes from a factual claim by Heemstra that could best be described as a red herring. It is important to understand that Heemstra knew of Lyon’s propensity towards violence, or his quick temper, and has no compelling need to examine medical records, which until today, were safely protected under the physician-patient privilege.
¶5Perhaps facts of a case could be envisioned that would support the exception carved from this historic doctrine by the majority, but this case does not come close to presenting those facts. Courts have an obligation to carry forward our bedrock principles of law, such as the physician-patient privilege, so as to provide the same protections for society as in the past. The physician-patient privilege has now been seriously compromised based upon a dubious justification that will mean victims of crimes in the future will be required to open their private, confidential communications with their doctors based upon the same assertions of self-defense. This is an unnecessary invasion of privacy, and could ultimately have a chilling effect on the willingness of patients to openly disclose critical personal information to a physician.
¶6I acknowledge the rights of criminal defendants to a fair trial can, and should, carry significant weight in the balancing process with the rights of others. The rights of a criminal defendant, however, should not tip the scale when prejudice to the defendant will not result. Heemstra did not suffer any prejudice at the hands of the physician-patient privilege in this case, and there is no reason to create an exception to a rule that has served society so well for so long. No arm of government should be entitled to invade private, sensitive communications between citizens made by them under the belief that the communications would remain private, absent the most compelling reasons. There are no compelling reasons in this case, and courts should be quick to protect and preserve the legitimate privacy of individuals from intrusion, not open the door.
¶7I would affirm the district court decision.