4th Circuit "vacate Hurwitz’s convictions and remand for a new trial." August 22, 2006
Cf. pdf version of the decision at http://www.schaler.net/usaversushurwitz2006.pdf
http://www.reason.com/hitandrun/2006/08/hurwitz_convict.shtml#015242 http://www.painreliefnetwork.org/
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ü UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILLIAM ELIOT HURWITZ,
Defendant-Appellant.
http://www.reason.com/hitandrun/2006/08/hurwitz_convict.shtml#015242 http://www.painreliefnetwork.org/
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
ü UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
WILLIAM ELIOT HURWITZ,
Defendant-Appellant.
...2 UNITED STATES v. HURWITZ
OPINION
TRAXLER, Circuit Judge:
A jury convicted Dr. William E. Hurwitz of multiple counts of
drug trafficking for prescribing narcotic pain medicine in violation of
21 U.S.C.A. §§ 841(a)(1) and 846 (West 1999). Hurwitz appeals,
arguing, inter alia, that the district court improperly admitted evidence
recovered in a search of his office and incorrectly instructed the
jury on the law. Although we affirm the district court’s decision to
admit the evidence seized in the search, we conclude that the district
court did not properly instruct the jury on the controlling law. Accordingly,we vacate Hurwitz’s convictions and remand for a new trial....
posted by Jeff Schaler | 9:38 PM
1 Comments:
This is good news, but it appears that Dr. Hurwitz still faces long odds when he is tried again, as surely will happen. Though I entirely oppose any regulation of drug use or of physician practice, some of Hurwitz's behavior seems to have been imprudent in light of the present state of law, especially since his practice had already been the subject of national media coverage.
As always, it is painful to read the nonsense that the court disgorges about drugs. Imagine what Jefferson would have thought of imprisonment hinging of whether "good faith" is objective or subjective.
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