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| | UNITED STATES v. DEBORAH S. BORDEAUX, M.D. • Fourth Circuit Court of Appeals
(physician convicted under the Controlled Substances Act)
I was retained immediately after Dr. Bordeaux was convicted in the United States District Court for the District of South Carolina to develop a test case with national implications for DEA registrants and the practice of medicine. I filed a brief arguing that the trial attorneys, prosecution and defense alike, had tried the case under the wrong legal standard (the civil standard of care) and thus had denied Dr. Bordeaux a fair trial on the criminal standard. Oral argument was heard on September 20, 2005, in the Fourth Circuit Court of Appeals in Richmond, Virginia. On December 1, 2005, the Fourth Circuit affirmed Dr. Bordeaux's convictions, holding that, although "an undue emphasis on standard-of-care evidence might, in certain circumstances, confuse a jury," reversal was not warranted because, while the trial attorneys may not have understood the law, the trial court did, and the court properly instructed the jury on the law to apply. I am currently preparing a petition for a writ of certiorari for Dr. Bordeaux, seeking review by the United States Supreme Court.
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