No. 21-762

Lena Lasher v. United States

Lower Court: Second Circuit
Docketed: 2021-11-22
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: brady-violation criminal-prosecution good-faith-defense medical-practitioner medical-practitioners misbranding pharmacist prescription prescription-validity scope-of-practice
Key Terms:
AdministrativeLaw DueProcess Securities Privacy
Latest Conference: 2022-04-01 (distributed 2 times)
Question Presented (AI Summary)

Mens rea-requirement-for-misbranding

Question Presented (OCR Extract)

QUESTIONS PRESENTED | 1. Where the government prosecutes a licensed pharmacist under “Misbranding”, 18 usc§ 371, 21 USC§§ ' 331(a) and 333(a)(2), for dispensing “invalid” prescription issued by licensed medical practitioners, is the government required to prove that the pharmacist knew the prescription written by licensed medical | practitioners to be “invalid” and “outside the scope of the medical practitioners scope of professional practice? See 20-1410 RUAN, XIULU V. UNITED STATES, CERTIORARI GRANTED 2. Does a “good faith” defense in the context of a licensed pharmacist prosecuted under “Misbranding”, | 18 usc§ 371, 21 USC§§ 331(a) and 333(a)(2), protect pharmacists who have an honest but mistaken belief that they have dispensed the charged prescription in “the usual course of medical practitioners’ | professional practice;” and, if so, must that belief be objectively reasonable? See 20-1410 RUAN, XIULU V. UNITED STATES, CERTIORARI GRANTED 3. Was the Plaintiff’s constitutional right denied due to prosecutors’ suppression of exculpatory video recordings evidence in the government's possession, in violation of Brady v. Maryland? @ ) ,

Docket Entries

2022-04-04
Petition DENIED.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-02-28
Brief of respondent United States in opposition filed.
2022-01-27
Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
2022-01-26
Motion to extend the time to file a response from January 27, 2022 to February 28, 2022, submitted to The Clerk.
2021-12-28
Response Requested. (Due January 27, 2022)
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Waiver of right of respondent United States to respond filed.
2020-12-28
Petition for a writ of certiorari filed. (Response due December 22, 2021)

Attorneys

Lena Lasher
Beau B. BrindleyThe Law Offices of Beau B. Brindley, Petitioner
Beau B. BrindleyThe Law Offices of Beau B. Brindley, Petitioner
Lena Lasher — Petitioner
Lena Lasher — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent