Appellant’s Brief addressing trial court’s denial of defendant’s motion to dismiss where the state did not prove the defendant’s actions proximately caused the decedents’ deaths and another individual’s actions were a superseding cause of the decedents’ deaths which broke the chain of causation. Also addresses trial court’s failure to instruct on whether intentional acts by …
Resources
State v. Anderson, 294 N.C. App. 125 (2024) (unpublished)
Unpublished Court of Appeals opinion addressing proximate cause, chain of causation, intervening acts, and jury instructions on intervening cause and involuntary manslaughter.
State v. Anderson, 294 N.C. App. 125 (2024) (unpublished)Read More
Appellant Brief in State v. McCrorey
Addresses complex chain of causation, proximate cause, identify of the controlled substance, and cause of death. Brief filed in Aug. 2023 in 2020 case.
Pattern Jury Instruction 206.76
Death by Distribution Through Unlawful Delivery with Malice of Certain Controlled Substances
Pattern Jury Instruction 206.74
Death by Distribution Through Unlawful Delivery of Certain Controlled Substances
Pattern Jury Instruction 206.72
Aggravated Death by Distribution Through Unlawful Sale of Certain Controlled Substances
Pattern Jury Instruction 206.70
Death by Distribution Through Unlawful Sale of Certain Controlled Substances
NC Gen Stat 90-92
Schedule IV controlled substances
NC Gen Stat 90-90
Schedule II controlled substances
NC Gen Stat 90-96.2
Drug-related overdose treatment; limited liability (Good Samaritan statute)
NC Gen Stat 14-17 (before 12-1-23)
Second degree murder by distribution for offenses before 12-1-23
NC Gen Stat 14-17(b)(2)
Second degree murder statute
NC Gen Stat 14-18.4
Death by distribution and aggravated death by distribution statute
Webinar Series: Critical Issues in Drug Related Deaths
10-part free webinar series running from Apr. 1 – July 30, 2025 Registration here. The series focuses on improvements to accuracy and consistency in recording cause and manner of death in drug toxicity cases. The sessions will address the complex and variable supply of illicitly manufactured fentanyl and the proliferation of other drug classes including …
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NACDL 4th Amendment Center Information Sheet
Describes assistance that NACDL’s Fourth Amendment Center can provide to defense teams regarding digital evidence