A Philadelphia nurse charged with aiding the suicide of her 93-year-old terminally ill father is asking a court to dismiss the case.

Barbara Mancini, 57, is accused of handing morphine to Joe Yourshaw of Schuylkill County in February.

Mancini is charged with assisted suicide, and was her father's medical power of attorney assigned to ensure his wishes would be honored.

Mancini's defense attorneys claim the U.S. Supreme Court has ruled in past cases that dying patients have the right to pain relief, even if it  speeds up death.

They also argue that the state law is vague and the Supreme Court has ruled that dying patients have the right to pain relief even if it hastens death.

Attorney Frederick Fanelli also said Yourshaw didn't die until four days later in a hospital, where he was given more morphine.

Yourshaw had suffered from end-stage diabetes, heart disease and kidney failure.

If convicted, Mancini faces up to 10 years in prison.