Burrage v. U.S.: Trafficked Drug must be But-For Cause of Death

On 1/27/14 the United States Supreme Court decided Burrage v. United States. The opinion limits the use of a Federal drug trafficking sentencing enhancement for cases where the drug user dies. The decision considers one specific statute, but it has lot to say about legal causation in general. In the end, the high court unanimously rejects the criminal causation rule used by Maine and a handful of other states.

Harmless Error at the Portland Press Herald

Harmless Error blog is now on the Portland press Herald website: http://www.pressherald.com/blogs/harmlesserror

I will be posting there at least twice a week. 

Marijuana Trial to Begin for Malcolm French, Rodney Russell & Kendall Chase

This week, one of the largest marijuana busts in Maine history will go to trial in Bangor federal court. Malcolm French, Rodney Russell and Kendall Chase, all businessmen in their 50s, are accused in a marijuana trafficking conspiracy involving thousands of marijuana plants worth some $9 million. The indictment alleges that from 2006 to 2009, the men ran an outdoor marijuana grow of at least 1000 plants in rural Washington County Maine. Federal law mandates a minimum prison sentence of 10 years and a maxim sentence of life.

Bond v. United States: Infidelity, Chemical War, and a RadioLab Podcast

Bond v. United States has been to the U.S. Supreme Court twice now. Round one resolved a standing issue and the latest argument dealt with the merits of the case. Bond asks whether there are limits on the way federal criminal liability can be expanded when congress enacts treaties and legislation to enforce them. The defendant was sent to federal prison for violating an international chemical weapons ban when she tried to get revenge on her husband's lover.

Kansas v. Cheever: Shrinking Heads and a Shrinking 5th Amendment

The United States Supreme Court has decided Kansas v. Cheever with Justice Sotomayor delivering the Court's unanimous opinion. The decision overturns the Kansas Supreme Court and approves the prosecution’s use of statements a defendant made in a court-ordered psychiatric evaluation to rebut the defense expert's testimony that Cheever lacked the mens rea because of intoxication. Cheever did not consent to the evaluation and never raised a traditional mental health defense. At his trial for the 2005 killing of a Sheriff, the rebuttal evidence was allowed, Cheever was convicted and sentenced to death.

Robert Evon Pleads Guilty to Drug Trafficking in NY Federal Court

Now that's a Coke Machine!

Robert Evon, the Portland, Maine man accused in an international cocaine trafficking conspiracy, entered a guilty plea in the Northern District of New York on December 3, 2013. Sentencing was set for April 4, 2014. The plea documents revealed some interesting details about the case. All my coverage of the case is collected here.

Portland's Marijuana Ordinance: FAQs & the Mythical Marijuana Arrest

Reports of my legalization
have been greatly exaggerated

On November 5, 2013 Portland voters overwhelmingly passed a city ordinance purporting to legalize possession use of up to 2.5 ounces of marijuana within the city. A lot of people have questions about how the Portland marijuana ordinance changes things and so, the city has posted some frequently asked questions to its website. Of course, the article is entitled "untitled document" and it's posted at a URL made up of meaningless words and numbers so there's pretty much no chance that anyone searching for the information will actually find it. To remedy that I've provided some of the highlights with a bit of my own information and commentary mixed in.