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California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement

Loaded on Oct. 15, 2021 by Dale Chappell published in Criminal Legal News November, 2021, page 23
Filed under: War on Drugs, Death/Bodily Injury. Location: California.

by Dale Chappell

The Supreme Court of California held that a conviction by itself for furnishing a controlled substance to someone who subsequently suffers injury from its use is insufficient, as a matter of law, to establish personal infliction of great bodily injury under Pen. Code, § 12022.7. Rather, the ...

 

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  1. The Real Minority Report Predictive Policing Algorithms Reflect Racial Bias Present in Corrupted Historic Databases, by Matthew Clarke
  2. Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process, by Douglas Ankney
  3. Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts, by Douglas Ankney
  4. California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement, by Dale Chappell
  5. Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea, by David Reutter
  6. Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13, by Dale Chappell
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  9. Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b), by Dale Chappell
  10. Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation, by Douglas Ankney
  11. Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion, by Douglas Ankney
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  14. SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review, by Dale Chappell
  15. Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted, by Dale Chappell
  16. Ohio, Now 24th State to End LWOP for Juveniles, by Michael Fortino, Ph.D
  17. "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", by David Reutter
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  20. Justice Department Orders All Federal Agents to Wear Body Cameras, by Chuck Sharman
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  22. Justice Department Bans Chokeholds and Restricts No-Knock Entries for Federal Agents, by Chuck Sharman
  23. Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1), by Dale Chappell
  24. Experts Agree: Police Public Relations Consistently Mislead the Public, by Jayson Hawkins
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