AMES, Iowa (AP) - The U.S. Supreme Court has overturned the drug death case conviction of an Ames man.
The Des Moines Register says (https://dmreg.co/1dKCp9w ) Marcus Burrage had been given 20 years in prison for selling heroin in April 2010 to a Nevada (nuh-VAY’-duh) man who later died.
Burrage’s attorney had said the trial judge improperly instructed the jury about what was necessary to prove Burrage guilty of causing the death of Joshua Banka.
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In the opinion issued Monday, the high court found that a conviction based only on “contributing cause” does not meet the regular “beyond a reasonable doubt” standard needed to convict a person in criminal court.
The court says Burrage’s conviction for distribution of heroin will stand and he’ll be subject to minimum sentencing requirements on that charge.
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Information from: The Des Moines Register, https://www.desmoinesregister.com
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