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Rush Loses in the Florida Supreme Court
Yahoo ^ | April 28, 2005 | AP

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.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: aclu; dhpl; doctorshopping; donutwatch; govwatch; haha; liberaltarians; libertarians; limbaugh; medicalprivacy; medicalrecords; privacy; privacyrights; rshatesrush; rush; whatarush; witchhunt; wodlist
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To: eno_
Because x42 is a notorious cokehead

If you have proof of this, you should pursue it.

141 posted on 04/28/2005 10:03:03 AM PDT by skip_intro
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To: Carolinamom

>>>Kerry's...status of postate cancer during his candidacy in 04 and possibly 08

I wasn't aware that the status of one's prostate cancer was probable cause for a search warrant.


142 posted on 04/28/2005 10:04:40 AM PDT by NC28203
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To: sheltonmac
The whole question of the legality of the seizure of Rush's medical records stems from the fact that he wasn't notified of the warrant that gave prosecuters access to those records. Rush, as we all know, was a proponent of the Patriot Act, which calls for secret "sneak-and-peek" warrants. Might this be an example of poetic justice?

Ouch! But you got to remember, everythings changed since 9/11.

143 posted on 04/28/2005 10:05:18 AM PDT by joesbucks
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To: RS

The bar complaint against the prosecutor is STILL pending. There is no statute of limitations on bar complaint cases.

just FYI


144 posted on 04/28/2005 10:05:26 AM PDT by longtermmemmory (VOTE!)
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To: RS

He announced it yesterday and explained that after his last appointment he has had to go back in to get things adjusted. He has been having some problems with his implant.


145 posted on 04/28/2005 10:05:31 AM PDT by RushCrush (Blind Rushbot- Waiting for instructions from the Maha.)
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To: sheltonmac

"The whole question of the legality of the seizure of Rush's medical records stems from the fact that he wasn't notified of the warrant that gave prosecuters access to those records. "

Warrants are used specifically to NOT notify the target beforehand -

" This is to inform you that next Tuesday at 9AM we will break down your front door and search your house for drugs -
Have a nice day - Cook County Police "


146 posted on 04/28/2005 10:06:14 AM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling. ")
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To: longtermmemmory

Maybe. The difference is your abortion clinic issue is probably civil in nature. Rush's is criminal. That could be the major difference.


147 posted on 04/28/2005 10:06:50 AM PDT by joesbucks
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To: RS
Just wondering .... was this planned and announced beforehand like he normally used to do ?

He announced it at the end of the show yesterday.

148 posted on 04/28/2005 10:08:38 AM PDT by Misty Memory (Why is it that most of the Wild Turkey's on FR look more like vultures?)
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To: SoFloFreeper
Should anyone be surprised??????

The Florida courts seem to be on the wrong side of almost every major issue. They are a HUGE let down.

149 posted on 04/28/2005 10:09:12 AM PDT by TAdams8591 (Evil succeeds when good men don't do enough!!!!)
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To: longtermmemmory

>>>Now with the prosecutor's "alternative" system in place, there is a way to bypass the amendment and the privacy law.

To get access to these files wouldn't that require an assumption of wrongdoing on the part of the person obtaining the abortion? If the clinic is in the wrong, the person obtaining the abortion should not have their medical privacy violated.


150 posted on 04/28/2005 10:10:05 AM PDT by NC28203
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To: RushCrush

The entire state's become a swamp.


151 posted on 04/28/2005 10:10:36 AM PDT by JennysCool (Support bacteria - they're the only culture some people have.)
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To: RushCrush

Thanks - it just seemed a bit too much of a coincidence - in the past I think he also had things come up that took him off the mike the same day bad news broke.
I don't get to listen nearly as much as I used to these days.


152 posted on 04/28/2005 10:10:53 AM PDT by RS ("I took the drugs because I liked them and I found excuses to take them, so I'm not weaseling. ")
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To: joesbucks

not necessarily. It goes to abortion clinics not complying with FL's constitutional parental notification law and the seperate requirement that abortion clinic report underage pregnancies to the police.

I think, especially now, reporting any pre-teen pregnancy after the sexual predators have killed so publicly should be a priority.


153 posted on 04/28/2005 10:15:17 AM PDT by longtermmemmory (VOTE!)
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To: SoFloFreeper
I practiced psychiatry for over forty years. Never, not once, did I ever see a case where an iatrogenic addict was charged with any crime provided he or she had not committed some other crime such as theft, prescription forgery and so forth.

It would be interesting to know if anyone in Florida has with a similar addiction pattern has been charged with criminal activities. I would bet not.

This seems to be a selective prosecution. Most assuredly every minority addict in the state will applaud and also, no doubt, every liberal RAT.

154 posted on 04/28/2005 10:19:07 AM PDT by shrinkermd
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To: skip_intro
Because x42 is a notorious cokehead If you have proof of this, you should pursue it.

Get off of it. The whole world knew it. His brother even stated such. Just wish we could have left it at that.

155 posted on 04/28/2005 10:20:02 AM PDT by Digger
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To: jerri

"Don't feel bad, I live in California."

Oh... "nevermind".


156 posted on 04/28/2005 10:21:28 AM PDT by poobear
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To: RS

Maybe it was just the opposite---the Florida Supreme Court knew that Rush wasn't going to be on the radio today so they released their opinion today, when he wouldn't have benefit of his radio show to blast them on the day he finds out when he is probably the maddest----

BTW, Mark Levin is one of his lawyers and the way that Mark has been on the warpath over activist judges, he would probably love to take this to the US Supreme Court!!!


157 posted on 04/28/2005 10:21:40 AM PDT by Txsleuth (Mark Levin for Supreme Court Justice)
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To: jsbankston

Not unlike RICO statutes being used to target Operation Rescue, give the government power and they'll find "creative" ways to use it. Even though Limbaugh has been a vocal support of the so-called "war on drugs" I do not believe in turnabout being fair play and I do not believe he is a criminal. This is a bad judgement for everybody's privacy rights, even for people with whom I disagree on some issues.


158 posted on 04/28/2005 10:22:35 AM PDT by Liberal Classic (No better friend, no worse enemy. Semper Fi.)
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To: longtermmemmory
It might be a defeat for Rush, but it does also open the door to attack abortion clinics.

What exactly is the problem with that?

159 posted on 04/28/2005 10:23:05 AM PDT by ClintonBeGone (Malvone = MMK)
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To: SoFloFreeper

Not good, but not unexpected.

What will Rush do next?


160 posted on 04/28/2005 10:23:59 AM PDT by k2blader (Immorality bites.)
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