Justia Professional Malpractice & Ethics Opinion Summaries

After a jury trial, Stephen Arny, M.D., was convicted of conspiracy to distribute and unlawfully dispense prescription pain medications, 21 U.S.C. 841(a)(1) and 846. Approximately three months later, but before sentencing, Arny secured new counsel, who later moved for a new trial based on trial counsel’s constitutionally ineffective assistance. The district court granted the motion based on its finding that Arny’s Sixth Amendment right to counsel had been violated by counsel’s misrepresentation that the government had stated that another doctor (Saxman) who had worked with Arny and his co-defendants either had a plea deal or would be indicted soon and that her clinic was searched; counsel’s failure to interview Saxman or call her to testify in order to explain the legitimacy of her treatment plans that Arny continued; and counsel’s failure to investigate or interview any of Arny’s patients. The Sixth Circuit affirmed. The affidavits of Saxman and the former patients establish a “reasonable probability that, but for [trial] counsel’s unprofessional errors, the result of the proceeding would have been different.” View "United States v. Arny" on Justia Law

Dubrule, a former medical doctor, was convicted of conspiracy to distribute controlled substances, 21 U.S.C. 846, and 44 counts of distributing controlled substances, 21 U.S.C. 841(a)(1). Kim, Dubrule’s wife and medical assistant, was convicted of conspiring with her husband. The district court sentenced Dubrule to 150 months’ imprisonment and Kim to 18 months’ imprisonment. The Sixth Circuit affirmed, rejecting Dubrule’s arguments that the district court erred by finding him competent to stand trial and proceed with sentencing and by failing to sua sponte order a competency hearing either before or during trial; that his pre-trial attorney and standby counsel at trial provided ineffective assistance by failing to request a competency evaluation; that the district court erred by holding that he had waived his insanity defense; and that his due process and Sixth Amendment rights were violated when the court, in making its competency determination, relied upon an expert opinion that misleadingly claimed to be “peer reviewed.” View "United States v. Dubrule" on Justia Law