Barber v. Superior Court

After cardio-respiratory arrest left patient Clarence Herbert permanently and irreversibly in a vegetative coma-like state, his physicians, including Barber (defendant), removed his respirator at the family's written request; Herbert kept breathing on his own but showed no improvement. Two days later, with the family's continued consent, the physicians also removed his feeding and hydration tubes, and Herbert died. Barber and another physician were charged with murder and conspiracy to commit murder; a magistrate dismissed the charges, but the superior court reinstated the complaint, prompting Barber's petition for review.