The State of Texas v. Steven Mack Hardy, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals, holding that the repeal of the physician‑patient privilege and Rule 509 eliminated any privilege in criminal cases, that the Emergency Medical Services Act did not restore such a privilege, and that there is no reasonable expectation of privacy in medical records containing blood‑alcohol results, so the grand‑jury subpoena did not violate the Fourth Amendment. Justice Price and Justice Baird dissented, arguing that a privacy right exists and that the legislature’s enactments should be considered.