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Criminal Law Keyed to Kaplan
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Johnson v. State
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Defendant was pregnant with twins and used crack cocaine both before and during her labor. She was prosecuted by Florida for delivering narcotics to her children. The state’s basis for the charge was that the cocaine in Defendant’s system would have travelled through the umbilical cord to her children during the period after the children had been born but before the cord was cut. A defense expert witness testified that it was not possible to determine whether the cocaine found in the children’s systems transferred before or after their birth. Defendant was convicted and appealed.
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