The U.S. Supreme Court’s ruling Monday in favor of a convicted Mobile doctor not only likely will result in a new trial for him but could impact similar convictions, according to the physician’s lawyer.
Monday in favor of a convicted Mobile doctor not only likely will result in a new trial for him but could impact similar convictions, according to the physician’s lawyer.
The justices sent the case against Dr. Xiulu Ruan back to the Atlanta-based 11th U.S. Circuit Court of Appeals, which likely will instruct a federal judge in Mobile to order a new trial. A spokesman for the U.S. Attorney’s Office in Mobile declined to comment. “It was a tremendous victory for Dr. Ruan,” he said. “It essentially reversed all the primary convictions of … the drug distribution cases, which were the foundation for any other cases. So it’s just a stunning victory for Dr. Ruan.”“I’m hoping that this will all accrue to his benefit,” said Dom Soto, Couch’s court-appointed attorney.
The prosecution of Couch and Ruan was one in a string of cases in Mobile and across the country involving pain management doctors accused of using their medical licenses to shield what amounts to drug dealing. Prosecutors at the time described their practice, Physicians’ Pain Specialists of Alabama, as a “pill mill.”
The case, in large part, turned on grammar. Justices had to decide if the phrase “knowingly or intentionally” modified the phrase “except as authorized” that preceded it in the statute. The court ruled that it did.
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