James Michael Ryan v. Maryland

Whether The Due Process Clause permits a State to expand second-degree "Depraved Heart" murder liability: a) to encompass a physician's off-label prescribing decisions absent Constitutionally clear standards distinguishing criminal malice from protected medical judgement. b) by applying a particular mens rea to a charge [non-narcotic distribution] that does not demand the use of physical force "against the person.or property of another." ■ Whether a State court decision criminalizing a physician's prescribing practices conflicts with long standing federal recognition and acceptance of lawful off-label prescribing within the practice of medicine. Whether the Constitution permits homicide liability to be imposed based primarily upon retrospective disagreement with medical.treatment decisions, rather than proof of traditionally understood malice sufficient to distinguish murder from negligence, malpractice, or regulatory violations. Whether the State decision fails to provide constitutionally adequate notice of what prescribing conduct transforms a licensed physician exercising clinical judgement into a murder suspect to life-altering , criminal penalties.