March 4, 2024, Minnesota Court of Appeals Caselaw Update
Today, March 4, 2024, the Minnesota Court of Appeals released one precedential criminal law opinion.
In State v. Smeby, A23-0516 (Minn. March 4, 2024), the court of appeals concluded that under Minnesota Statutes section 595.02, subdivision 1(d) (2020), the physician-patient evidentiary privilege does not apply to communications between paramedics and patients. The court of appeals determined that because the physician-patient privilege statute does not list paramedics, conversations between individuals and paramedics are therefore not privileged. The court also distinguished statements to paramedics from statements to hospital employees participating in the examination and treatment of a patient, which the Minnesota Supreme Court previously determined are privileged conversations. State v. Staat, 192 N.W.2d 192, 197 (1971)
Hennepin County DWI—under the influence of a controlled substance—conviction affirmed.
