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Jennifer Mae Levin v. Florida

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D18-234 · judgment November 26, 2019


Certiorari denied · June 22, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  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)?

Counsel of record

For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.

For respondent
Rebecca Rock McGuigan
Office of Florida Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
19A802

Proceedings

  1. Jun 22 2020
    Petition DENIED.
  2. Jun 02 2020
    DISTRIBUTED for Conference of 6/18/2020.
  3. May 28 2020
    Waiver of right of respondent Florida to respond filed.
  4. Apr 24 2020
    Petition for a writ of certiorari filed. (Response due June 1, 2020)
  5. Jan 16 2020
    Application (19A802) granted by Justice Thomas extending the time to file until April 24, 2020.
  6. Jan 14 2020
    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.