STATE v. SMORGALA

No. 89-44.

50 Ohio St. 3d 222 (1990)

THE STATE OF OHIO, APPELLANT, v. SMORGALA, APPELLEE.

Supreme Court of Ohio.

Decided April 25, 1990.


Attorney(s) appearing for the Case

Jay B. Grunda, city prosecutor, and Michael E. Szekely, for appellant.

Rothgery & Associates, Kenneth P. Rothgery and Christopher R. Rothgery, for appellee.


HARSHA, J.

The question presented for review by this certification is whether the courts of Ohio should judicially create a public policy limitation upon the statutorily created physician-patient privilege which would allow otherwise clearly inadmissible evidence to be received in "drunk driving" cases. In keeping with the constitutional principle of separation of powers, we cannot adopt such a position. Judicial policy preferences may not be used to override valid...

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