People v. Kidd

Defendant was indicted on one count of drug-induced homicide by knowingly delivering cocaine to his girlfriend, ingestion of which caused her death. Defense counsel was ineffective, as he failed to offer a jury instruction defining the term "delivery." Linchpin of State's case was that death directly resulted from Defendant's knowing delivery of cocaine, but question of fact for jury was whether Defendant and girlfriend bought cocaine together. Had jury been properly instructed, there is a reasonable probability that it would have found Defendant not guilty. (SCHOSTOK and SPENCE, concurring.)