burrage-standard

4 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
22-5516 Antrell Desharron Lewis v. United States Eighth Circuit 2022-09-07 Denied Response WaivedIFP 2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused…
21-6111 Jonas Ross, III v. United States Eighth Circuit 2021-10-29 Denied Response WaivedIFP burrage-standard burrage-v-united-states but-for-causation causation circuit-split controlled-substance controlled-substances criminal-law drug-distribution eighth-circuit evidence WHETHER THE EIGHTH CIRCUIT'S CONCLUSION THAT MR. ROSS DISTRIBUTED THE CONTROLLED SUBSTANCE THAT RESULTED IN THE DEATH OF K.P. IS IN CONFLICT WITH THIS…
21-5595 Jovan Marquis Harris v. United States Eighth Circuit 2021-09-08 Denied Response WaivedIFP burrage-standard burrage-v-united-states causation criminal-law criminal-statute drug-crimes drug-distribution due-process overdose proximate-cause sentencing sentencing-enhancement 1.) WHETHER, FOR PURPOSES OF TITLE 21 U.S.C. §841(A)(1) AND (B)(1) (C)'S ENHANCED PENALTY "IF DEATH RESULTS " FROM THE USE OF A SUBSTANCE, REQUIRES P…
18-5001 John Theodore Hancock v. United States Sixth Circuit 2018-06-28 Denied Response WaivedIFP burrage-standard but-for-causation causation criminal-law criminal-procedure death-penalty death-resulting due-process jury-instruction jury-instructions sentencing statutory-interpretation Does a jury instruction that submits the question of whe- ther a death was the result of the accused's offense by simply tracking the statutory lang…