Elements of Offense
How is involuntary manslaughter defined?
An unlawful killing unintentionally caused by wanton or reckless conduct.
What is the defense precluded from doing based on the causation stipulation?
Arguing that there was an alternate "cause" of death.
How did the Court rule on evidence supporting the argument that Davis was widely prescribing the same combination of unnecessary medications to many patients?
Neither irrelevant nor improper character evidence.
How is Aggarwal's testimony governed by the final order?
Qualified under 702. Has not disclosed opinions. Little leeway to discuss compounding, may not stray outside of Aggarwal’s affidavit to introduce “methodologies” or “opinions.”
How does the order classify private investigation in terms of type of testimony?
It is not a subject of expert testimony.
Upon what two things does reckless or wanton conduct depend, and what conjunction is used between the two?
What the defendant knew or how a reasonable person would have acted knowing what the defendant knew; either or.
In what capacity may witnesses mention opioids?
Only witnesses with sufficient personal knowledge may mention that Amtamid is not an opioid.
However, beyond that limited testimony, neither party may introduce any testimony or make any argument that RENIBIX, Amtamid, or Sanguixa are similar to opioids or otherwise compare the events in this case to the opioid crisis in any way shape or form.
For what may illustrations of forensic chart review NOT be used?
To suggest that the expert’s forensic chart review process generally has a particular reliability rate or that Dr. Simon or Dr. Liu take any specific steps that enhance the reliability of their work compared to other methodologies.
In what manner may NP Robinson discuss medical information?
How Robinson uses and interprets medical information (such as clinical trial information) in Robinson’s work as a nurse practitioner.
In what two categories are 702 objections overruled on Bralow?
Forensic accounting and fingerprint analysis
What are the three elements of involuntary manslaughter?
The Defendant caused the victim’s death;
The Defendant intended the conduct that caused the victim’s death; and
The Defendant’s conduct was wanton or reckless.
What was the Court's ruling on statements made by Davis to Bralow?
They are not protected by attorney-client privilege.
What must the State prove that the defendant intended?
The CONDUCT that caused Mr. Vinson's death.
What three opinions did Dr. Simon disclose, according to the OMIL?
Compounded medicines, the treatment of patients with kidney disease, and blood thinners.
What three of Dr. Liu's opinions satisfy 702?
Clinical trials, Dr. Liu’s forensic chart review, and the treatment of patients with kidney disease (including with blood thinners)
Conduct that creates a high degree of likelihood that substantial harm will result to another. It is conduct involving a grave risk of harm to another that a person undertakes with indifference to or disregard of the consequences of such conduct.
What was the Court's reasoning for allowing evidence of kickback scheme?
Evidence supporting the argument that Davis was widely prescribing the same combination of unnecessary medications to many patients goes directly bears on Davis’s state of mind and to show an “absence of mistake."
A defendant’s law-abiding nature, honesty, peacefulness, and compassion for patients.
What methodology(ies) may Dr. Simon testify are reliable?
Forensic chart review.
To what is Dr. Davis permitted to testify if he is not a disclosed expert, and do they need to be disclosed as expert opinions under 702?
The contemporaneous basis for their medical decisions and other actions at issue, which all go to mental states; no.
How is negligently defined?
In a manner that a reasonably careful person would not have acted.
How is testimony regarding other patients who received prescriptions from Dr. Davis limited?
Neither party may introduce evidence of whether other patients were physically harmed by prescriptions from Davis.
What may the State NOT mention regarding the federal case?
That Dr. Davis has been indicted.
What have both parties told the judge regarding the fingerprint evidence disclosed by Bralow?
Neither side plans to seriously dispute it.
In response to a disclosure objection implicating the Final Pre-Trial Order or, similarly, used in response to an attempted impeachment by omission relating to background testimony from the linked information.