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Cause of Death

The questions presented in Burrage v. United States, No. 12-7515, are now up on the Supreme Court website. The issues accepted by the Court are:

1. Whether the crime of distribution of drugs causing death under 21 U.S.C. ยง 841 is a strict liability crime, without a foreseeability or proximate cause requirement.

2. Whether a person can be convicted for distribution of heroin causing death utilizing jury instructions which allow a conviction when the heroin that was distributed "contributed to," death by "mixed drug intoxication," but was not the sole cause of death of [the] person.
The question they didn't want to hear was:

3. Whether an officer can testify that the defendant is a "known" heroin dealer because the officer couched it as necessary to explain why he put the defendant's picture in a photo lineup.

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