Legal Opinion

State v. Poetschke

Court of Appeals of Minnesota

Decided June 10, 2008No. A07-1323PublishedCited by 1 opinion

1Opinion of the Court

OPINION

HALBROOKS, Judge.

Appellant Denise M. Poetschke challenges her conviction of third-degree driving while impaired (DWI) in violation of Minn.Stat. § 169A.20, subd. 1(1), (5) (2004). Appellant argues that the district court erred in denying her motion to suppress her medical records on the basis of her physician-patient privilege. Because appellant did not waive her physician-patient privilege and because the implied-consent statute does not overcome this privilege, we reverse.

FACTS

This appeal arises from appellant’s conviction following a stipulated-facts Lothen-bach procedure. Appellant…

2Cases cited12 opinions

  1. State v. LothenbachSupreme Court of Minnesota · 1980
  2. Marriage of Sefkow v. SefkowSupreme Court of Minnesota · 1988
  3. State v. BlomSupreme Court of Minnesota · 2004
  4. State v. StaatSupreme Court of Minnesota · 1971
  5. State v. HeaneySupreme Court of Minnesota · 2004

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3Cited by1 opinion

  1. State v. AtwoodSupreme Court of Minnesota · 2019

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