State v. Bovee

Defendant and his codefendant were charged with methamphetamine trafficking in the second degree. The Supreme Court reversed Defendant’s conviction, holding that the circuit court erred in instructing the jury on the offense of second-degree methamphetamine trafficking, and the error was not harmless beyond a reasonable doubt. Specifically, the court held that the jury instruction on second-degree methamphetamine trafficking could have been reasonably understood as relieving the State of its burden to prove that the relevant state of mind applies to the “attendant circumstances” element of the charged offense. The court remanded the case to the circuit court for further proceedings. View "State v. Bovee" on Justia Law