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California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement
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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More from this issue:
- The Real Minority Report Predictive Policing Algorithms Reflect Racial Bias Present in Corrupted Historic Databases, by Matthew Clarke
- Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process, by Douglas Ankney
- Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts, by Douglas Ankney
- California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement, by Dale Chappell
- Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea, by David Reutter
- Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13, by Dale Chappell
- Anger: A Natural Reaction That Makes the Innocent Appear Guilty, by Jayson Hawkins
- An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting, by Jayson Hawkins
- Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b), by Dale Chappell
- Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation, by Douglas Ankney
- 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
- Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct, by Douglas Ankney
- Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy, by Michael Fortino, Ph.D
- 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
- Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted, by Dale Chappell
- Ohio, Now 24th State to End LWOP for Juveniles, by Michael Fortino, Ph.D
- "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
- Current Forensic Sciences Not as Objective as Most Believe, by Edward Lyon
- DNA Standards Often Make the Difference Between Life and Death, by Michael Fortino, Ph.D
- Justice Department Orders All Federal Agents to Wear Body Cameras, by Chuck Sharman
- Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition, by Anthony Accurso
- Justice Department Bans Chokeholds and Restricts No-Knock Entries for Federal Agents, by Chuck Sharman
- 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
- Experts Agree: Police Public Relations Consistently Mislead the Public, by Jayson Hawkins
- Study Shows Public Defenders Outperform Court Appointed Private Attorneys, by Michael Fortino, Ph.D
- Investigative Report Highlights Difficulties in Disciplining Cops, by Michael Fortino, Ph.D
- Florida’s Worst Cop Fired for 7th Time, by Jayson Hawkins
- Police Do Not Want to Pay for Damage They Inflicted to Texas Home, by Kevin Bliss
- SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
- California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts, by Matthew Clarke
- NYC’s Stop-and-Frisk Still Targets Based on Race, by Jayson Hawkins
- News in Brief
More from Dale Chappell:
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
- Study Reveals Best DNA Recovery Spots on Drug Baggies, Feb. 15, 2025. DNA Testing/Samples, War on Drugs, DNA Evidence/Testing.
- 50 Years After Starting “Scared Straight,” Former N.J. Prison Warden “Would Do It Again”, Nov. 15, 2024. War on Drugs, Juveniles, Education (Juveniles).
- Alabama Guard, Prisoners Among 13 Sentenced in Phone Scam and Drug-Smuggling Ring, Nov. 15, 2024. Guard Misconduct, Cell Searches, War on Drugs, Searches - Cellphones/Computers/Internet.
- Three Former Rikers Island Guards Among Five Ex-Employees Charged in Massive Smuggling Scheme, Oct. 15, 2024. Guard Misconduct, War on Drugs, Searches - Cellphones/Computers/Internet.
- Alabama Warden and Wife Busted for Making “Magic” Mushrooms, Oct. 15, 2024. Police Misconduct, War on Drugs.
- Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon, June 15, 2024. Criminal justice system reform, War on Drugs, State Law Claims.
- Wife of “El Chapo” Released from U.S. Prison, Son Extradited, Dec. 1, 2023. War on Drugs.
- Prison Walls No Barrier to America’s Deadly Opioid Crisis, Nov. 15, 2023. War on Drugs, Drug Treatment/Rehab.
- $1.25 Million Settlement for California Jail Prisoner’s Loss of Limbs, Oct. 15, 2023. Systemic Medical Neglect, Failure to Treat, Settlements, Death/Bodily Injury.
- Five Years After Limiting Personal Visits and Banning Mail, Drug Use Worse in Pennsylvania Prisons, Sept. 15, 2023. War on Drugs, Mail Regulations, Visiting.