No. 20-7241

Rene Gosselin v. Massachusetts

Lower Court: Massachusetts
Docketed: 2021-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-defendant evidence-law fourth-amendment medical-records privacy privacy-rights standing third-party-doctrine
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Does a criminal defendant have a Fourth Amendment right of privacy in his medical provider's records, such that the Third Party Doctrine does not apply to the defendant-patient's medical records?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does a criminal defendant have a Fourth Amendment right of privacy in his medical provider’s records, such that the Third Party Doctrine does not apply to the defendant-patient’s medical records? ii RELATED CASES Commonwealth v. Gosselin, No. 0873CR0657, Bristol Superior Court. Judgment entered May 4, 2012. Motion for New Trial denied January 10, 2019. Commonwealth v. Gosselin, SJC-11598, Massachusetts Supreme Judicial Court. Judgment entered November 19, 2020. Motion for Reconsideration denied on January 25, 2021.

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-18
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2021-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2021)

Attorneys

Commonwealth of Massachusetts
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent
Rene Gosselin
Theodore Francis RiordanBates & Riordan, LLP, Petitioner
Theodore Francis RiordanBates & Riordan, LLP, Petitioner