4th Circ. Orders New Trial For W.Va. Doctor In Opioid Case

Law360 (June 19, 2020, 10:58 PM EDT) -- A West Virginia doctor who was convicted of handing out illegal opioid prescriptions will get a new trial after the Fourth Circuit ruled Friday that the lower court had improperly allowed prosecutors to present evidence that wasn't directly related to the doctor's alleged crimes.

The three-judge panel said the government shouldn't have been allowed to put four of Felix Brizuela Jr.'s patients on the witness stand to testify about his alleged opioid prescribing practices because Brizuela hadn't been charged with writing bad prescriptions for those patients.

The government had argued that the patients' testimony showed Brizuela hadn't written the allegedly illegal...

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