California Court of Appeal

In unlawful practice of medicine case involving prescription for generic Prozac, written by petitioner physician in Colorado, after he received a request and questionnaire over the Internet from a resident of San Mateo County who later committed suicide after receiving the drug, territorial jurisdiction to prosecute petitioner lies under the traditionally applicable legal principles, and it makes no difference that the charged conduct took place in cyberspace rather than real space.

Appellate Information

• Decided 05/21/2007
• Published 05/21/2007

Judges

• KLINE, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Carleton L. Briggs, for Petitioner., James P. Fox, San Mateo County District Atty., Jennifer M. Ow, Deputy District Atty., for Real Party in Interest., Edmund G. Brown Jr., Attorney General, Dane R. Gilette, Chief Asst. Atty. General, Gerald A. Engler, Sr. Asst. Atty. General, Laurence K. Sullivan, Supervising Dep. A.G., Catherine A. Rivlin, Supervising Dep. A.G., Attorney General Specially Appearing on His Own Behalf in Opposition to Petition., Edmund G. Brown Jr., Attorney General, Carlos Ramirez, Sr. Asst. Atty. Gen., Jose Guerrero, Supervising Dep. A.G., Kerry Weisel, Dep. Atty. Gen., Attorneys for Executive Director Of Medical Board of California As Amicus Curiae in Opposition To Petition.