Defendant’s medical records from the state he was extradited from were not unlawfully obtained under HIPAA or the Uniform Act for Obtaining Witnesses from Without State. A “subpoena” under the act includes subpoenas duces tecum. Moreover, even if HIPAA had been violated, there is no private right of action under HIPAA and thus no exclusionary remedy. Commonwealth v. Williams, 2017 PA Super 382, 2017 Pa. Super. LEXIS 997 (Dec. 8, 2017).
2255 COA is denied. The Kansas courts resolved one Fourth Amendment claim on its merits, and that’s entitled to AEDPA deference. The second claim is waived for failure to have brought it in the state courts because he had a “full and fair opportunity” to litigate it (Stone v. Powell). Walker v. Schnurr, 2017 U.S. App. LEXIS 24709 (10th Cir. Dec. 7, 2017).*
The taillight on defendant’s car was out and that justified the stop. The video doesn’t tell, but the witnesses, including the wrecker driver, do, and that’s what the district court relied on. United States v. Roberts, 2017 U.S. App. LEXIS 24720 (10th Cir. Dec. 7, 2017).*