Narrative Opinion Summary
In this appellate case, a defendant challenged her conviction for attempting to obtain a controlled substance through fraud by altering a prescription. The central legal issue revolved around whether the physician-patient privilege, as outlined in section 18-18-415(1)(b) of the Colorado Revised Statutes, protected an unaltered prescription order from disclosure. The court determined that such orders are not privileged when used to unlawfully procure controlled substances due to a statutory exception. The defendant also contended that the trial court erred in allowing testimony from her physician and in retaining a juror acquainted with a prosecution witness. The appellate court reviewed the trial court's interpretation of the statutory privilege de novo and found no error. Regarding the juror, the court found no actual bias or abuse of discretion, as the juror had minimal interaction with the witness and expressed impartiality. The trial court's decisions were upheld, affirming the conviction and two-year probation sentence for the defendant.
Legal Issues Addressed
Juror Impartiality and Nondisclosuresubscribe to see similar legal issues
Application: The court found no abuse of discretion in retaining a juror who had a prior acquaintance with a witness, as the juror assured impartiality and had minimal interaction with the witness.
Reasoning: Juror H. assured the court she could remain fair and treat the pharmacist like any other witness... The court emphasized that for a new trial to be warranted due to a juror's nondisclosure, it must be shown that the juror harbored actual bias, which was not demonstrated in this case.
Physician-Patient Privilege under Colorado Revised Statutessubscribe to see similar legal issues
Application: The court ruled that a physician's prescription order is not protected under the physician-patient privilege when altered to unlawfully obtain controlled substances.
Reasoning: The core issue is whether a physician's prescription order, before any alteration, is protected under Colorado's physician-patient privilege, as stated in section 18-18-415(1)(b) of the Colorado Revised Statutes (C.R.S. 2014). The court concludes that it is not.
Statutory Exception to Physician-Patient Privilegesubscribe to see similar legal issues
Application: The statutory exception applies to prescription orders when used to procure controlled substances unlawfully, including when the order is unaltered.
Reasoning: The key legal issue is whether the exception in section 18-18-415(1)(b), which addresses communications made to procure controlled substances unlawfully, applies to the doctor's original prescription order. The court concluded that this exception does indeed apply.