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.
It looks like lady justice's blindfold has slipped off again for the Supreme Court of Florida. (SCOFLA for short!)
"With Rush being such a lightning rod of liberal leftist anger, I wouldn't want to stay in Florida with its liberal corrupt supreme court."
Good advice. Especially if he resumes his drug use, high quantity purchases. Or any other illegal activity.
You are right about that!
I agree. But one reaps what one sows, and Rush should know that he is going to be a target and act accordingly. I thought we conservatives were all about personal responsibility.
We are. That is why we conservatives are against the state getting bogus search warrants to break medical confidentiality.
What are you doing to hold the judge who rubber-stamped that warrant personally responsible?
The judge wasnt buying drugs illegally, Rush was.
So, if it were some AirAmerica radio host in the same situation would you be debating me about this?
I agree that the prosecutor is politically motivated, and maybe even the trial judge, but the fact remains that when you break the law you open yourself up for this type of thing. If you dont break the law, you dont typically get abused by run away courts or prosecutors.
You didn't dig far enough in your link ...
"Disclosures for law enforcement purposes are permitted as follows:
To comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial officer, or a grand jury subpoena. The Rule recognizes that the legal process in obtaining a court order and the secrecy of the grand jury process provides protections for the individual’s private information (45 CFR 164.512(f)(1)(ii)(A)-(B))."
"Typical -- the state must merely accuse someone of illegal drug use, and they then can steal his medical records."
Rush has not been accused of anything, and a legal warrant was issued that has nothing to do with drug use.
Doctor-shopping is illegal no matter if you swallowed the pills, sold them or flushed them.
Just think, if Hillary Sh-t/Care had passed, he wouldn't be allowed to go to court at all. And, would probably be in jail by now, for no good reason. Ain't socialism wunnerful?
"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."
Not quite -
State Sen. Mandy Dawson quietly turned herself in at a Tallahassee jail on Friday afternoon, two days after a Leon County judge signed a warrant for her arrest on prescription drug fraud charges.
The Fort Lauderdale Democrat -- charged with obtaining and attempting to obtain controlled substances by fraud -- spent only 20 minutes at the Leon County Jail. She was booked, fingerprinted, photographed and released on a $2,500 bond, according to jail deputy Raymond Sims.
If convicted of the third-degree felony, Dawson -- who allegedly changed a 60-pill prescription for the painkiller Lorcet-10 to one for 160 pills -- will be removed from office and sentenced to a maximum of five years in prison."
At her court appearance -
"Dawson said. "I fully intend to comply with whatever it is that drug court or any other legal proceeding requires of me."
Rush has admitted to NO illegal act, and has spent millions attacking the integrity of the court and law enforcement officials.
No man is an island, entire of itself; every man is a piece of the continent, a part of the main.
If a clod be washed away by the sea, Europe is the less, as well as if a promontory were, as well as if a manor of thy friend's or of thine own were: any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee.
---John Donne
" That is why we conservatives are against the state getting bogus search warrants..."
Strange, even Rush's high-ticket criminal lawyer has not attacked the search warrant as bogus - what do you know that he dosen't ?
Which he had to have put in due to his abuse of narcotics. The loss of his hearing indicates to me that he had a terrible addiction. I'm a huge Rush fan, but I have personal experience with narcotics addiction (not me, a loved one), and I know first-hand that an addict will do ANYTHING to procure more narcotics.
With Rush being in the state he was in, it wouldn't surprise me if he was doctor shopping, and I would understand completely.
I suspect that he did doctor-shop, and I would hope that if he did, he will admit it. Tell the truth.
That said, the applicable officials had no business trying to publicize his medical records. It was clearly done for political reasons, as was this decision by the Florida supremes.
After last year they discovered that they prefered dying in Florida over dying at Fenway. The weather is better and they're not surrounded by a bunch of flaming Boston assholes.
Actually, you're not exactly pitching strikes.
"It is the clear intent of the legislature that search warrants not be used to obtain patient records," he said.
Further, "There is no right of seizure of patients' medical records."
And yet complicating your statement Rush states, ""They admitted that they have no clue what to charge unless they can see all my medical records," he said. "We're trying to stand up and oppose this and stop this wanton abuse of privacy from taking place."
So I'm correct,
the judge issuing the warrant did not issue a bogus warrant,
and every appeal based on what Roy Black feels the "intent" of the legislature was when they wrote a law that does not apply in this case has wound up with the court deciding that yes, that law does not apply in this case.
What do they call it when some lawyer keeps doing the same thing over and over and expects a different result ?
... a bigger paycheck !
"Why is Rush in such a tiff over these medical records. If he has nothing to hide then what's the problem?"
Gee, if you've got nothing to hide, then you have nothing to worry about, right?
(Bet the losers around here who usually say this little canard aren't saying it now, huh? Rush has been big on the war on drugs, so I hope he likes jail. Maybe when he gets out he'll be feeling more libertarian. Probably be in favor of gay marriage too ...)
ping
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