Two weeks ago, I wrote about the foundational requirements for introducing a defendant’s medical records in a DWI trial. Soon after I posted, a reader asked whether introducing those records through an affidavit from a records custodian violates a defendant’s Sixth Amendment right to confront witnesses against him or her. My answer is, generally speaking, no.
I have previously written about how the State may obtain the medical records of a person suspected of or charged with impaired driving. This post focuses on the requirements for admitting those records at trial.
My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, determining which cases merit discussion at upcoming summer conferences. This year, of course, […]
When a person suspected of driving while impaired is involved in a crash and receives medical treatment, the State may wish to obtain the person’s medical records for use in criminal prosecution. What standards and procedures govern the disclosure of such records?
Rule 45. This rule surprised me. Before I learned about it, I assumed that when a party sought to introduce hospital medical records at trial, a records custodian appeared in […]
From time to time, an officer from another state wants to get medical records from a North Carolina hospital. For example, a South Carolina officer may want the medical records […]
I’ve received questions from both prosecutors and defense lawyers about whether and how the state can obtain a suspect’s — or a defendant’s — medical records when those records may […]