Justices side with doctors convicted in pain pill schemes
US Legal News
The Supreme Court on Monday ruled for doctors who face criminal charges for overprescribing powerful pain medication in a case arising from the opioid addiction crisis.
Justice Stephen Breyer wrote for the court that prosecutors must prove that doctors knew they were illegally prescribing powerful pain drugs in violation of the federal Controlled Substances Act.
The ruling came as the U.S. has been seeing record numbers of drug overdose deaths, many from the highly lethal opioid fentanyl.
Evaluating the convictions of two doctors who are each facing more than two decades in prison, the justices ruled on a subject on which advocates for patients and doctors had urged the court to distinguish between criminal behavior and medical errors made in good faith.
It did so in the ruling. Prosecutors, Breyer wrote, “must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.” The justices ruled unanimously for the doctors, though only six endorsed Breyer’s standard for conviction.
Fear of aggressive prosecution already has led doctors to avoid prescribing opioids “against their best medical judgment,” the National Pain Advocacy Center told the court in a written filing.
But the justices did not throw out the convictions of two doctors whose appeal was heard in February. Instead, it ordered federal appeals courts to take a new look at their cases.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.