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SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids
Loaded on Sept. 15, 2022
by Harold Hempstead
published in Criminal Legal News
October, 2022, page 20
Filed under:
Knowingly and Intelligently,
Jury Instructions in Jury Room,
Drug Equivalency Tables.
Location:
Alabama.
by Harold Hempstead
The Supreme Court of the United States (“SCOTUS”) held that 28 U.S.C. § 841’s “knowingly or intentionally” mens rea requirement applies to the “except as authorized” clause in criminal prosecutions against physicians, meaning that the Government must prove beyond a reasonable doubt that the defendant-physician had the ...
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More from Harold Hempstead:
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- Condemned Tennessee Prisoner Wins Fight Against Autopsy, June 15, 2023
- Massachusetts Settles One of Three Suits Alleging Retaliation by Prison Guards for Assault on One of Their Own, June 1, 2023
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, May 15, 2023
- Condemned Tennessee Prisoner Wins Fight Against Autopsy, May 1, 2023
- Sixth Circuit Won’t Hold Michigan County Liable After Mentally Ill Prisoner Impregnates Another, April 19, 2023
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, April 15, 2023
- Former CoreCivic Guard Pleads Guilty to Deprivation of Tennessee Prisoner’s Rights, April 1, 2023
- Massachusetts Supreme Court: Probationer’s Due Process Right to Present a Defense Violated Where Denied Opportunity to Call Complainant Who Alleged Sexual Assault as a Witness During Probation Revocation Hearing, March 15, 2023
- Maryland Court of Appeals: ‘No Objection’ to Introduction of Evidence at Trial That Was the Subject of Denied Motion to Suppress Does Not Waive Right to Appellate Review of Denial, March 15, 2023
More from these topics:
- SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, June 15, 2023. Vagueness/Overbreadth, Jury Instructions in Jury Room.
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, April 15, 2023. Appointment of Counsel, Mental Health, Knowingly and Intelligently, Counsel - Right to.
- Connecticut Supreme Court Announces Trial Courts, Prospectively, Must Canvass Defendants Who Seek to Waive Right to Testify to Ensure Waiver Is Made Knowingly, Intelligently, and Voluntarily, Aug. 15, 2022. Knowingly and Intelligently, Defendant's Right to Testify.
- Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, July 15, 2022. Jury Instructions in Jury Room, Claim of Innocence.
- Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, July 15, 2022. Jury Instructions in Jury Room, Burden of Proof, Improper Comment.
- California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, Sept. 15, 2020. Ineffective Assistance of Counsel, Jury Instructions in Jury Room.
- Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense, May 15, 2020. Jury Instructions in Jury Room.
- U.S. v. Medina-Carrasco, No. 13-10397 (9th Cir.) (815 F.3d 457) (March 2, 2016) (Judge Susan P. Graber), June 13, 2016. Punch And Jurists, Knowingly and Intelligently.
