State v. Carter’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The statute does not require a subpoena, warrant, or prior notice to the patient. ... ... If the [legislature intended to require pharmacies to notify patients in connection with section 893.07, the legislature would have included this requirement in the statute, as it did in statutes governing disclosure by other health care entities. See § 395.3025, Fla. Stat. (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. (physicians).”

   2 later decisions quote this exact passage
   e.g. State v. Tamulonis · 60 So. 3d 406 - State v. Shukitis

2. “Even where evidence is disclosed by a covered entity in violation of HIPAA standards, suppression of the records is not provided for by HIPAA and is thus not a proper remedy. State v. Mubita, 145 Idaho 925 , 188 P.3d 867, 878 (2008); State v. Straehler, 307 Wis.2d 360 , 745 N.W.2d 431 (2007). Fines and imprisonment, not suppression of evidence, are the remedies expressed in the Act for violations of the disclosure standards by a covered entity. 42 U.S.C. §§ 1320d-5, 1320d-6. Exclusion of evidence is proper only where the statute violated provides for such exclusion, or where a constitutional violation has occurred. See generally Jenkins v. State, 978 So.2d 116 (Fla.2008). As stated in U.S. v. Zamora, 408 F.Supp.2d 295, 298 (S.D.Tex.2006), "HIPAA was passed to ensure an individual’s right to privacy over medical records, it was not intended to be a means for evading prosecution in criminal proceedings.” See also State v. Eichhorst, 879 N.E.2d 1144 (Ind.Ct.App.2008); State v. Yenzer, 40 Kan. App.2d 710 , 195 P.3d 271 (2008).”

   1 later decision quote this exact passage
   e.g. 164 So. 3d 727 - State of Florida v. Strickling

3. “[s]ection 893.07[, Florida Statutes,] requires pharmacists to maintain controlled substance records, including prescription records, and to make the records “available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances.” § 893.07(4).”

   1 later decision quote this exact passage
   e.g. State v. Thompson