A sells 3(methadone)pills to B. B takes 2 of the pills the next day and dies. Even if we can prove that A sold the drugs, is manslaughter even possible? Autopsy revealed 6 different drugs in system but conclusion is the one that was sold caused the death. ME stated accidental overdose was cause of death. I have had this before and could not find any support for prosecution except under federal law. Do we need to consider some legislation if not Texas law?

I think we already have some ammunition. See HSC Sec. 481.141.

So it bumps the crime one degree and is an auto stack. Very nice.

Methadone is PG 1 (481.1102(4)) Depending on the size of the pills, you've got a 3rd, 2nd, or 1st, autostack.

Does anyone have charging language for this sort of crime? Can this be added as a punishment enhancement similar to deadly weapon notice or drug free zone?

(My first thought is that it would need to be in the indictment, not as a notice filed subsequent to the indictment.)

Does it have to be the consumer who died? (I think so, it says "a person died" then later says "into the person's body". There is no indication that the two references to "person" could be anything other than "one in the same". But, it's an interesting question I'd like to hear others' opinions on.)

Another interesting question: if subsequent and concurrent substances are not considered intervening causes, what about actions of the deceased? Clearly you've got some trial issues that may come in to play.

The defendant may claim that the deceased (can we call that person a victim?) took more than the "recommended dose". Also, does this law apply in the following scenario?

Navid Dewell puts on his favorite 'heroes' cheerleader costume and asks Rilip Phay to join him on halloween as the heroin induced painting prophet, for a party at the BELO house in Downtown Dallas' costume ball. Our pep rally professional climbs to the top of the Reunion Tower after consuming both his share and his sidekick's share of LSD.

Dewell swan dives off the ball. Can we charge Chetchen Groe under this section for selling Dewell the acid?

[This message was edited by Philip D Ray on 10-23-06 at .]

Okay. This isn't a death case, but since it involves methadone I thought I would extend this thread rather than start a new one.

S is involved in accident, appears to be intoxicated. Arrested for DWI.

During search of vehicle Methadone pills are found. No prescription. S claims to be taking Methadone for pain. (Four pills a day.) Lab results are ~46 grams methadone (21 40 mg tablets and 50 10 mg tablets.)

Is methadone prescribed for pain?

Is there an offense for not having the prescription with the pills?

Or, is this a 2 degree felony possession case?

Not sure if it can be used like an punishment enhancement. Looks like it is a conduct enhancement. The language requires it to be submitted at the guilt/innocence phase. It appears it to be a fact that increases the penalty for a crime that must be submitted to the jury. See Apprendi v. NJ 530 US 466.