After a Miami doctor was unsuccessfully prosecuted in a drug case, his petition for legal fees under the Hyde Amendment was granted by the district court. The Eleventh Circuit, however, reversed and held that the prosecution was “objectively reasonable.” The doctor has applied to the U.S. Supreme Court for a writ of certiorari.
On August 9, 2012, a coalititon of more than 50 former federal judges, federal proscutors and members of Congress filed an amicus brief on behalf of the doctor attacking the the appellate decision which held that monetary fees are only available under the the Hyde Amendment in situations in which a prosecution itself is deemed unreasonable.
Read a full report in The BLT: The Blog of Legal Times, which includes a link to the amicus brief with a full list of the amici, including many members of NAFUSA.