Drug Induced Homicide Defense Toolkit
searching for the cause of death, not to create evidence against a defendant in a criminal prosecution”). ● State v. Osinski, Nos. 2009AP2878-CR, 2009AP2879-CR, unpublished slip op. (WI App April, 20, 2011) (holding that the court considered appropriate sentencing factors). ● State v. Patterson, 329 Wis. 2d 599 (2010) (holding that charging the defendant with first-degree reckless homicide by delivery of a controlled substance in violation of Wis. Stat. § 940.02(2)(a) (2008) and contributing to the delinquency of a child with death as a consequence in violation of Wis. Stat. §948.40(1), (4)(a) (2008) was not multiplicitous despite the convictions stemming from the same death). ● State v. Poehlman, No. 2004AP2491-CR, unpublished slip op. (WI App June 21, 2005) (holding that a jury instruction stating that “it must appear that the use of the Oxycodone was a substantial factor in producing the death” appropriately tracked Wisconsin's first-degree reckless homicide statute). c. Illinois ● People v. Nere, 2018 IL 122566, 115 N.E.3d 205 (holding the state is only required to prove that the defendant's act was a contributing cause, rather than the 'but for" cause of death in DIH cases). ● People v. Strickland, 2017 IL App (2d) 150241-U (finding the trial court erred in denying defendant the benefit of his plea bargain after a DIH conviction, which provided that he would get credit against each of two consecutive sentences). ● People v. Brown, 2016 IL App (2d) 140462-U (holding that defendant forfeited his chain-of-custody challenge to the admissibility of drug evidence after failing to raise it at trial). ● People v. Kidd, 2013 IL App (2d) 120088, 997 N.E.2d 634 (reversing conviction and remanding for new trial when trial counsel failed to proffer entire pattern jury instruction regarding "delivery" when joint possession was in question). ● People v. Coots, 2012 IL App (2d) 100592, 968 N.E.2d 1151 (holding that trial counsel's failure to submit a proposed supplemental instruction on the
Version Date July 2021 – Check https://ssrn.com/abstract=3265510 for most current edition
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