Walters v. State
Petitioners sought a writ of prohibition to stop a circuit court hearing on whether the State could compel production of their medical records under section 395.3025, arguing the State never actually filed any case or motion to invoke the court's jurisdiction. The Fifth District agreed, holding that merely requesting a hearing through a judicial assistant—without filing a motion, pleading, or even the proposed subpoenas—fails to invoke the circuit court's procedural jurisdiction, and granted the writ without prejudice to the State properly commencing an action.
Key facts
- Petitioners sought a writ of prohibition to prevent a circuit court hearing on whether the State could compel production of their medical records under section 395.3025.
- The State scheduled a hearing through a judicial assistant to consider issuing an investigative subpoena for the medical records, but did not file any motion, pleading, or case with the court.
- +2 more key facts with a free trial
Why it matters
This opinion gives criminal defense counsel a concrete procedural tool to challenge improvised or informal State efforts to obtain confidential medical records via investigative subpoena without a properly filed motion… — full analysis with a trial
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