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Friday, April 29, 2005

Florida Supreme Court denies Limbaugh appeal for rehearing
Amit Patel at 10:10 AM ET

[JURIST] The Florida Supreme Court [official website], in a 4-3 decision, on Thursday rejected Rush Limbaugh's [Wikipedia profile] appeal to review a lower court's decision that the state could seize his medical records. The court will not consider a motion for rehearing. Florida's 4th District Court of Appeal had ruled [opinion, PDF] the state did not violate Limbaugh's privacy rights when it seized his medical records with a warrant. Limbaugh has been under investigation to determine how he received multiple painkiller prescriptions. The ACLU [advocacy website] has supported Limbaugh's position saying the seizure violated Florida's constitutional right of privacy and doctor-patient confidentiality. Limbaugh's lawyer argued the use of a warrant did not adequately allow his client the opportunity to challenge the seizure. The state responded that giving notice would have compromised the investigation. Limbaugh, who has denied any wrongdoing, has not been charged, and his medical records will remain under court seal until a decision has been made in the case. CNN has more.






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