confidentiality
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Arapahoe County law enforcement improperly obtained confidential medical records, justices find
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Law enforcement in Arapahoe County improperly obtained a criminal defendant’s confidential medical records and cannot use them in her child abuse prosecution, the Colorado Supreme Court ruled on Monday. The justices also declined to say whether the body-worn camera footage of a police officer who was present during the defendant’s treatment was similarly protected by…
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Colorado justices uphold confidentiality of truck driver’s medical records after fatal crash
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The Colorado Supreme Court ruled on Monday that the surviving family members of a deceased motorist may obtain the other driver’s narrative of what happened, but they cannot do it through the medical records generated from his post-accident hospital visit. Relatives of Timothy Trenshaw sought to use five sentences from the notes of an emergency…
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Colorado justices debate what to do with medical records of driver following fatal Custer County crash
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The Colorado Supreme Court waded into a contentious dispute on Wednesday about how trial judges should decide whether a litigant’s medical records are confidential and what to do with other evidence that spawns from the private information. Complicating matters, many details about the appeal are shielded from public view due to the debate over confidentiality.…
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Is Colorado’s Supreme Court about to hold oral arguments in secret?
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The Colorado Supreme Court may take the rare, potentially unprecedented move of holding oral arguments in secret next week, after the parties to a civil case have asked that members of the public be excluded from viewing the proceedings. On Feb. 12, the justices are scheduled to hear Jennings v. Trenshaw, a personal injury case out…
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Colorado Supreme Court wades into disputes over confidential info
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The Colorado Supreme Court announced this week that it may intervene in two ongoing civil lawsuits implicating the disclosure of information the parties argue is shielded. At least four of the court’s seven members must agree to take up an appeal directly from the trial courts, in contrast to three votes needed to review a…
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State Supreme Court says Weld County judge went too far in ordering public defender to hand over info
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The Colorado Supreme Court walked back a Weld County judge’s order for a public defender to turn over her unredacted case files at the request of the district attorney’s office, and instructed the judge to instead follow the established procedure for such requests. Jared Cortes-Gonzalez, who is pursuing a claim of ineffective assistance of counsel…
