United States v. Hoffner

777 F.2d 1423 (1985)

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United States v. Hoffner

United States Court of Appeals for the Tenth Circuit
777 F.2d 1423 (1985)

SC

Facts

Dr. Mary Hoffner (defendant) was charged with illegally prescribing drugs. At trial, Hoffner sought to introduce the testimony of three lay witnesses. Hoffner’s counsel asked the lay witnesses their opinion on whether Hoffner intended to write the prescriptions for a legitimate medical purpose. The witnesses were not present in the room when Hoffner examined the patients and wrote the prescriptions at issue. The witnesses also did not overhear any discussions between Hoffner and the patients. Upon the objection of the prosecution (plaintiff), the district court excluded the testimony of the witnesses. Hoffner was convicted, and she appealed.

Rule of Law

Issue

Holding and Reasoning (Barrett, J.)

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