More on this later, but for now. . . .

This wikilog article is a draft, it was not published yet.

by: Ryan • October 17, 2013 • no comments

I'll eventually write more about the dicta in the Campbell concurrence, but for now I thought I'd share this quote. The emphasis is mine.

"Those examples from the Commentary are helpful in assessing how closely distinct criminal events must be connected in time and place before they can be said to share a criminal objective. They are not as helpful in resolving the question that this case poses, however. The only example included in the Commentary that addresses drug possession that occurs simultaneously with other criminal conduct is an example of a person who both sells and possesses drugs. The Commentary states that, when sale and possession occur simultaneously, the resulting charges must be joined. Commentary § 26 at 17. That example could be understood to require joinder for either of two reasons. It might indicate an assumption that, to sell drugs, a defendant also must possess them, which might, therefore, permit a conclusion that the defendant's conduct was directed toward a single overarching criminal objective to engage in the sale of illegal drugs. That assumption may not be correct, however, and, alternatively, that example could be understood to illustrate the effect of simultaneity on the analysis: When a defendant simultaneously sells and possesses drugs, the defendant has a criminal objective to engage in the two acts simultaneously. The Commentary does not disclose its reasoning. However, the example of the simultaneous possession and sale of drugs evidences an intent to require joinder of such charges."

My quite cursory observation is that, defending on your case, your client might benefit from either or both alternatives.