California Court of Appeal

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Donorovich-Odonnell v. Harris, D068758

In a suit brought by terminally ill cancer plaintiffs, seeking a judicial declaration that Penal Code section 401, which imposes criminal liability on a person aiding and abetting suicide, is inapplicable to physicians who provide the option of aid-in-dying to terminally ill, competent adults who request such aid, and that section 401, which imposes criminal liability on a person aiding and abetting suicide, violates state constitutional rights of privacy and liberty, Cal. Const. art. 1 section 1, free speech, art 1 section 2, and equal protection, art. 1 section 7, the trial court's judgment in favor of the State is affirmed where: 1) plaintiff's statutory and constitutional arguments lack merit; and 2) physician aid-in-dying and attendant procedures and safeguards against abuse are matters for the Legislature.

Appellate Information

  • Decided 10/29/2015
  • Published 10/29/2015

Judges

  • McDONALD

Court

  • California Court of Appeal

Counsel