New York Family Law Blog
The appellant of the case is the United States of America. The appellee in the case is Milan Vuitch.
Appeal
Milan Vuitch, the appellee is a licensed physician and was indicted by the District Court in the District of Columbia for the United States District Court. Milan Vuitch was accused of attempting to produce and producing abortions that were in violation of the District of Columbia code Ann 22-201, from the year 1967. A New York Family Lawyer said before the case went to trial the district judge of the case ruled in favor of the defendant and granted a motion to dismiss the case on the bases that the abortion laws in the District of Columbia are to vague. It is this motion for dismissal that is being appealed.
Case Discussion
This case was brought to this court by the United States and we postponed the decision of jurisdiction until further merits in the case could be heard. We have determined that we have jurisdiction in this case based on the Criminal Appeals Act that gives us the jurisdiction rights in all criminal cases. From further investigation into the case it is determined that the Criminal Appeals Act can be used in this particular case and grants us jurisdiction for ruling in the matter.
Case History
The original case deals with the abortion laws in the area of the District of Columbia. A Nassau County Family Lawyer said in order to make a judgment in this type of case the abortion law of the area must be considered. It was determined by the district court that the laws about abortion for the District of Columbia are to vague and therefore the district court dismissed the case on these grounds.
However, upon further review of the laws, it is found that the laws dealing with abortion in the District of Columbia are fairly clear. A Nassau County Child Support Lawyer said the statute does not ban all types of abortions, but rather those that are not performed by a licensed and competent physician, and those abortions that are not deemed as necessary in order to save the life of the mother or to preserve the health of the mother.
Appeal Outcome
The issue in this particular case is whether or not the abortions performed by the defendant were within the legal realms of these laws, which is not up to this court to decide. We are here to determine if the ruling for dismissal in this case was correct.
After reviewing the facts of the case and determining that this court does have jurisdiction for the appeal at hand, we find that the original ruling from the District Court of the District of Columbia was not correct. When reviewing the laws of abortion for the District of Columbia we find that they are in fact quite clear. The law clearly states which types of abortions are legal and which type are not. Abortions can be performed legally if the mother has a health risk or is going to die. Additionally, the law states that the abortion must be performed by a competent and licensed doctor. For this reason, we rule to overturn the initial dismissal of the case.
Our ruling is in favor of the appellant, the United States of America.
If you are in need of legal advice,whether you have involved in a divorce, had a custody issue, or need an order for protection, the law firm of Stephen Bilkis & Associates is here to help. We have offices located conveniently throughout the metropolitan area of New York and can help you through any legal issue that you may be experiencing. Feel free to call one of our offices and set up a free consultation at any time. We can help settle your dispute quickly, efficiently, and in your best interest.