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Criminal Law Keyed to Kadish
Barber v. Superior Court
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The deceased, Mr. Herbert, underwent surgery following a heart attack and suffered severe brain damage. He was subsequently placed on life support equipment and determined to be in a comatose state. Herbert’s family, after being told that there was virtually no chance of recovery, requested that he be taken off of life support. The two physicians discontinued treatment by removing the life support equipment and were subsequently charged with murder and conspiracy to commit murder. After a preliminary hearing, the magistrate dismissed the charges. However the superior court set aside the order and reinstated the complaint. The physicians petitioned the court of appeals for review of the decision of the superior court to dismiss the complaint.
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Topic Resources
10m 5s