Posted on 04/28/2005 8:01:01 AM PDT by SoFloFreeper
TALLAHASSEE, Fla. (AP) -- The Florida Supreme Court says it won't consider an appeal from conservative commentator Rush Limbaugh. Today's four-to-three order didn't explain the court's reasoning.
Limbaugh's attorney argues that an appeals court misconstrued Florida law when it ruled prosecutors could review the records.
Prosecutors seized Limbaugh's medical records in 2003 for an investigation into whether he illegally purchased prescription painkillers.
Limbaugh hasn't been charged with any crime. He lost at the appellate court level and wanted the Florida Supreme Court to overturn a ruling that would open his medical records and possibly allow prosecutors to build a case against him.
Limbaugh has maintained his innocence throughout the investigation and argues that the case threatens the privacy rights of all Floridians.
I had "female" surgery (sorta) and had to have the preg test. At least I'm female. But as even my gyn knows, I am a...well, let's just say if they got me positive, it would be the immaculate conception. But there's me swearing up & down it's not possible, just to save a couple bucks.
And how is that any different than any other violation of civil liberties that has occured in the name of keeping our communities safe from drugs? IMO prosecutors are often some of the lowest pond scum on the face of the Earth because many of them make their career out of arguing why an otherwise decent person should be put away for years, life or executed all just to make a career. There was a doctor in northern virginia who got put away for life I think because he over-prescribed pain killers because people lied their asses off to him about the severity of the pain.
100% correct.
Only the Rush's medical records show that he went "doctor shopping."
Otherwise, the prosecutor might close the case. If he's really mean, the prosecutor might leak some embarrassing details from Rush's medical records.
Er....they probably moved down to enjoy their retirement - but it turns out it is Florida and so they will die as soon as the death dealers can get hold of them.
What are the other six?
where is your evidence or cite?
This was researched before and as a lawyer and this was the topice of discussion way back when this started. Doctor shopping is as rare as unicorns.
In addition doctor shopping laws originated as a means of targeting fake patients who where trying to restoke supplies for dealing not using.
Yep. That's what I was thinking.
We've got to get these liberal activist types off the bench.
They let the Democrat politician go, though. She admitted doctor shopping for addictive drugs, so they just said "Oh. OK then. You're free to go."
I think the prosecutor will try and charge him with dealing in order to kick him out of the diversion program.
The prosecutor also has a major (job loosing) bar complaint issue. If he does not charge the bar complain could cost him his office even with just a minor sanction.
Unless Rush's medical records are full of smoking guns, I doubt the prosecutor will go too far with this case.
If I had to make a prediction today, I will say that a drug diversion program will probably be the outcome. Since Rush has already attended rehab, he might be given credit for his 'time served' doing rehab and given probation.
Maybe Rush should not have been buying pills on the sly to feed an addiction and he wouldnt have gotten into this trouble to begin with. Sorry folks but the truth hurts.
respectfully, that is not how the program works. I have run a few clients through the program.
Essentially it is a pretrial release program. The condition of the pretrial release is one year of treatment and one year of drug testing. i do not believe they will give rush credit for the program he has completed because they will still want to keep him on the hook for the one year of testing.
The chief SA brought criticism down upon himself by trying to play games from the outset. If it had been any other member of the FL bar, the complaint would have been sent to committee and cause found to proceed.
As for attacks from defense attorneys, he should be used to that by now even without Rush.
Nobody should be punished for an addiction that comes from surgery etc. like in Rush's case. Not the grandma down the block, not Rush, nor anybody else.
It is not a vice of society that needs to be punished. They need help, not jail.
This is from a quick Google search -- it's not exhaustive:
From an August 1, 2003 Message from Attorney General Charlie Crist (about stopping prescription drug abuse and doctor shopping) --
"This comes on top of another success in the area of prescription drug fraud, when the Office of Statewide Prosecution worked with law enforcement to arrest 19 individuals on charges of adulterating prescription medication. The arrests followed indictments by a Fort Lauderdale grand jury last week."
http://myfloridalegal.com/NewsBrie.nsf/OnlineBriefs/58EDCCEEDD397B3785256D720045199F
From a 2001 St. Lucie County sheriff's report --
"In addition, Sheriff’s detectives arrest 28 St. Lucie County residents on prescription fraud, “doctorshopping” and other drug-related offenses."
http://www.stluciesheriff.com/annual-report/2001/ar_2001_11-15.pdf
From a Florida LE report (more detail on the incident above) --
"In July, 24 people were arrested as part of a drug sting in St. Lucie County, where law enforcement and pharmacies cooperated to disrupt an informal distribution network. Most of the 24 who were arrested were once legitimately ill or disabled and living off Social Security or veteran’s benefits that enabled them to get prescriptions."
FDLE Office of Statewide Intelligence Prescription Drug Abuse – August 2001
http://www.fdle.state.fl.us/OSI/CrimeBriefs/RxAbuse.pdf
Florida started cracking down on Oxycontin abuse long before Rush was caught up in it. Now where's your cite that Florida doctor shopping prosecutions are as rare as unicorns?
You wrote:
"Otherwise, the prosecutor might close the case. If he's really mean, the prosecutor might leak some embarrassing details from Rush's medical records."
Exactly...I predict that the 'case' will be dropped and then the records will be 'leaked'...to the liberal press. Part of the smear Rush plan.
Prosecutions are not a good measure.
In the vast majority of drug cases, defendants are intimidated into plea bargains by property seizure and the threat of vastly piled-on charges.
If prosecutors actually had to prove one case in four, the whole Drug War edifice would topple.
Sure they did. But they didn't let a group of anonymous citizens, some disabled veterans who had ended up addicted because of pain, go. They prosecute normal citizens who sadly get caught up in these drugs all the time. Equal protection under the law is a complete joke when it comes to drug offenses (or even mere accusations).
Rush is lucky they haven't yet tried to seize his house. They may be trying to build a case to do just that -- if they can prove possession of a certain amount, that's an automatic "intent to distribute" (i.e., drug dealing) charge. Fortunately, they would have a hard time "proving" Rush bought his mansion from drug proceeds (given his high-profile job). The average citizen wouldn't be that lucky.
I can't help but laugh at the prospect of Rush Limbaugh asking for justice from the Florida Supreme Court. Like he expected them to rule for him? :-)
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