STATE v. CARITHERS

No. C9-91-2423.

490 N.W.2d 620 (1992)

STATE of Minnesota, Respondent, v. Debra Dee CARITHERS, Petitioner, Appellant, Clark Gaylord Gladwin, Petitioner, Appellant.

Supreme Court of Minnesota.

October 16, 1992.


Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, Renee J. Bergeron, Barbara A. Kehrberg, Assistant Public Defenders, Minneapolis, for Debra Dee Carithers.

Robert G. Davis, Minneapolis, for Clark Gaylord Gladwin.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Michael O. Freeman, Hennepin County Atty., Lisa A. Berg, Asst. County Atty., Minneapolis, for respondent.

Heard, considered and decided by the court en banc.


COYNE, Justice.

We granted review in this case to address a question certified to the court of appeals as important and doubtful:

When a married couple jointly acquires a Schedule I controlled substance, and one of the partners uses that substance and subsequently dies from a drug overdose, did the legislature intend that the surviving partner be subject to prosecution under Minn.Stat. § 609.195(b)?

Minnesota Statute § 609.195(b) (1990...

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