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Lena Lasher v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-221 · judgment August 11, 2020

Certiorari denied · April 4, 2022
Pre-decision estimate: 10% cert probability (95% interval 7%–15%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.

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?

Counsel of record

For petitioner
Beau B. Brindley
The Law Offices of Beau B. Brindley

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 04 2022
    Petition DENIED.
  2. Mar 16 2022
    DISTRIBUTED for Conference of 4/1/2022.
  3. Feb 28 2022
    Brief of respondent United States in opposition filed.
    Proof of ServiceMain Document
  4. Jan 27 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 28, 2022.
  5. Jan 26 2022
    Motion to extend the time to file a response from January 27, 2022 to February 28, 2022, submitted to The Clerk.
    Main Document
  6. Dec 28 2021
    Response Requested. (Due January 27, 2022)
  7. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  8. Dec 01 2021
    Waiver of right of respondent United States to respond filed.
    Main Document
  9. Dec 28 2020
    Petition for a writ of certiorari filed. (Response due December 22, 2021)
    PetitionAppendixProof of Service