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Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute
by Dale Chappell
Because no standard pharmaceutical reference manual specifies a maximum daily dose in the usual dose range for fentanyl, a defendant’s conviction for aggravated possession of a “bulk amount” of the drug could not stand, the Supreme Court of Ohio held January 4, 2018.
Mark Pountney was charged ...
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More from this issue:
- Study: Unionized Police? Increased Misconduct, by Derek Gilna
- ‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds, by Dale Chappell
- Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors, by Matthew Clarke
- Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole, by Matthew Clarke
- North Dakota Supreme Court Announces Interpretation of Restitution Statutes, by Christopher Zoukis
- Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights, by Matthew Clarke
- Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule, by Dale Chappell
- Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll, by Matthew Clarke
- ‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists, by Christopher Zoukis
- The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants, by Christopher Zoukis
- U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration, by Christopher Zoukis
- Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute, by Dale Chappell
- Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large, by Christopher Zoukis
- U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a), by Richard Resch
- Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability, by Christopher Zoukis
- Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase, by Dale Chappell
- Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest, by David Reutter
- Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost, by Dale Chappell
- Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested, by Steve Horn
- D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court, by Dale Chappell
- Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders, by Christopher Zoukis
- New Report: 60 Percent of Exonerations Stem from Official Misconduct, by Steve Horn
- Washington High Court Issues New Rule Making Immigration Status Inadmissible, by Derek Gilna
- ‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned, by Matthew Clarke
- Captured: ‘Golden State Killer’ Wanted for 12 Murders and 50 Rapes Turns Out To Be Former Sacramento-Area Cop, by Derek Gilna
- Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence, by Monte McCoin
- Coast to Coast, Sex Offender Residency Restrictions Waste Money, Create Havoc, by Sandy Rozek
- ‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops, by Matthew Clarke
- Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis, by Dale Chappell
- Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition, by Christopher Zoukis
- Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, by Kent A. Russell, Tara Hoveland
- Book Review: California Habeas Handbook 2.0 by Kent A. Russell, by Christopher Zoukis
- Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens, by The Rutherford Institute
- U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause, by Dale Chappell
- Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity?, by Leah Litman
- New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
- News in Brief
- Sex Offender Registries: Common Sense or Nonsense?, by Christopher Zoukis
More from Dale Chappell:
- 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
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- 428 Georgia Prison Employees Criminally Charged in Five Years, April 1, 2024. Guard Misconduct, Criminal Prosecution, Statistics/Trends.
- Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson, Jan. 15, 2024. State Statutes, Sufficiency of Evidence, Specific Offenses.
- Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, Jan. 15, 2024. State Statutes, Possession in Furtherance of Drug Offense, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Substantial Step Towards Completion, Completion of All Acts.
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, Jan. 15, 2024. State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas.
- California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, Jan. 15, 2024. Medical Misconduct, junk science, Medical Neglect/Malpractice, Police--Excessive Force, Excessive Force (Wrongful Death), State Statutes.
- West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System, Jan. 1, 2024. Primecare Medical, State Law Claims, Medical Neglect/Malpractice, Drug Treatment/Rehab, Failure to Treat (Mental Illness), State Statutes.
- 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.
- Five Years After Limiting Personal Visits and Banning Mail, Drug Use Worse in Pennsylvania Prisons, Sept. 15, 2023. War on Drugs, Mail Regulations, Visiting.
- Roadside Drug Tests: Failed Technology From the Failed War on Drugs, Aug. 1, 2023. Drug Testing, War on Drugs.
