No. 19-7797

Lonnie W. Hubbard v. United States

Lower Court: Sixth Circuit
Docketed: 2020-02-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof controlled-substances criminal-law criminal-procedure criminal-statute due-process medical-necessity medical-practice medical-purpose prescription-dispensing prescription-drugs professional-practice statutory-interpretation
Latest Conference: 2020-03-27
Question Presented (from Petition)

WHETHER THE COURT OF APPEALS ERRED BY HOLDING A JURY COULD RATIONALLY CONCLUDE THAT DEFENDANT PHARMACIST ABDICATED HIS DUTY UNDER §§ 1306.04(a) & 841(a)(1), DESPITE PHARMACIST'S ARGUMENT THAT THERE WERE 'LEGITIMATE MEDICAL PURPOSES' FOR THE CONTROLLED SUBSTANCE PRESCRIPTIONS HE FILLED BECAUSE TRIAL WITNESSES TESTIFIED THAT THEY HAD REAL INJURIES AND MEDICAL NEEDS REQUIRING MEDICATION BEFORE PHARMACIST FILLED THEIR PRESCRIPTIONS.

Question Presented (AI Summary)

Whether the Court of Appeals erred by holding a jury could rationally conclude that defendant pharmacist abdicated his duty under §§ 1306.04(a) & 841(a)(1), despite pharmacist's argument that there were 'legitimate medical purposes' for the controlled substance prescriptions he filled because trial witnesses testified that they had real injuries and medical needs requiring medication before pharmacist filled their prescriptions

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-09
Waiver of right of respondent United States to respond filed.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 30, 2020)

Attorneys

Lonnie W. Hubbard
Lonnie W. Hubbard — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent