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Limbaugh case heads to Florida high court
date: 17-November-2004
source : CNN.COM
country: UNITED STATES
keyword: ADDICTION , MEDICINE , PHARMING , PAI N KILLERS
 
editorial comment editorial comment
Here's praying for some jail time. "Moral" values are for thee, not for me. From Rush to O'Reilly to Bennett....if that's not a trend.... Doctor shopping???? Leviathan has not limit in its road to serfdom!

A legal dispute over whether prosecutors violated conservative radio host Rush Limbaugh's medical privacy during an investigation into possible misuse of prescription painkillers was sent to the Florida Supreme Court Wednesday for review.

Florida's 4th District Court of Appeals, which last month ruled that prosecutors acted legally when they seized Limbaugh's medical records during the investigation, denied motions by Limbaugh's lawyers to rehear the case, but sent it to the state Supreme Court.

Palm Beach County prosecutors are investigating whether Limbaugh went from doctor to doctor to obtain multiple prescriptions for controlled drugs, a felony known as "doctor shopping."

Limbaugh, who has not been charged with a crime, admitted an addiction to prescription painkillers last year and took time off from his popular syndicated radio show for drug rehabilitation.

Limbaugh's lawyer, Roy Black, has said there was no doctor shopping but the radio host should not have to give up his right to privacy to prove his innocence.

Police obtained a search warrant and seized records in November 2003 from three doctors and a clinic that had treated Limbaugh. Limbaugh said his constitutional right to privacy were violated because the search warrants were issued without giving him prior notice or a chance to challenge the seizure.

The appeals court said in October that a Florida law requiring prior notice applied to medical records subpoenaed in civil cases, and not to criminal investigations.

Limbaugh, one of America's most influential conservative commentators, has said the investigation was motivated by political opportunism on the part of the Democratic state attorney, Barry Kirscher.

The medical records were sealed and the investigation was been put on hold pending resolution of the appeal.

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