No. 19-1256

Jennifer Mae Levin v. Florida

Lower Court: Florida
Docketed: 2020-04-30
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: cause-of-death confrontation-clause criminal-procedure due-process dui-manslaughter expert-testimony medical-records sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether the prosecution can meet its burden of proving cause of death through the testimony of a hospitalist who did not treat the alleged victim and merely reviewed the medical records

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether — in a case involving the charge of DUI manslaughter — the prosecution can meets its burden of proving “cause of death” through the testimony of a “hospitalist” who did not treat the alleged victim and who merely reviewed the alleged victim’s medical records? 2. Whether a criminal defendant’s Sixth Amendment right of confrontation is violated when a “hospitalist” — who is not a medical examiner and who did not treat the alleged victim — testifies as to the alleged victim’s cause of death (i.e., can such an expert simply review the alleged victim’s medical record and give an opinion based on the review of the medical record)? il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-28
Waiver of right of respondent Florida to respond filed.
2020-04-24
Petition for a writ of certiorari filed. (Response due June 1, 2020)
2020-01-16
Application (19A802) granted by Justice Thomas extending the time to file until April 24, 2020.
2020-01-14
Application (19A802) to extend the time to file a petition for a writ of certiorari from February 24, 2020 to April 24, 2020, submitted to Justice Thomas.

Attorneys

Jennifer Mae Levin
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
State of Florida
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent