{"id":43295,"date":"2020-04-03T01:00:58","date_gmt":"2020-04-03T06:00:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43295"},"modified":"2020-04-03T09:55:41","modified_gmt":"2020-04-03T14:55:41","slug":"oh9-medical-records-allegedly-unlawfully-seized-werent-in-appellate-record-so-prejudice-couldnt-be-determined-held-waived","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43295","title":{"rendered":"OH9: Medical records allegedly unlawfully seized weren&#8217;t in appellate record, so prejudice couldn&#8217;t be determined; held waived"},"content":{"rendered":"\n<p>Defendant claimed his medical records were unlawfully seized and admitted at evidence as an admission at this DUI trial. Without them in the appellate record, the appellate court can\u2019t determine prejudice. Thus, this is waived. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/9\/2020\/2020-Ohio-1209.pdf\">State v. Miller<\/a>, 2020-Ohio-1209, 2020 Ohio App. LEXIS 1134 (9th Dist. Mar. 31, 2020).<br \/><\/p>\n\n\n\n<p>Defendant\u2019s 2255 was denied because his guilty plea waived all nonjurisdictional issues. The petition was denied without a hearing, and his Fourth Amendment claim was denied apparently without discussion. No COA. United States v. Quintana, 2020 U.S. App. LEXIS 9887 (5th Cir. Mar. 30, 2020).*<\/p>\n\n\n\n<p>Defendant was stopped for speeding, and the officer could smell marijuana coming from the car. He could search a backpack for marijuana and also pat down the defendant for safety. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2020\/2020-Ohio-1223.pdf\">State v. Noteboom<\/a>, 2020-Ohio-1223, 2020 Ohio App. LEXIS 1121 (5th Dist. Mar. 23, 2020).*<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant claimed his medical records were unlawfully seized and admitted at evidence as an admission at this DUI trial. Without them in the appellate record, the appellate court can\u2019t determine prejudice. Thus, this is waived. State v. Miller, 2020-Ohio-1209, 2020 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=43295\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[51,96],"tags":[],"class_list":["post-43295","post","type-post","status-publish","format-standard","hentry","category-plain-view","category-standards-of-review"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43295","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=43295"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43295\/revisions"}],"predecessor-version":[{"id":43305,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43295\/revisions\/43305"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43295"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}