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State v. Ervin
New Jersey Superior Court, Appellate Division
577 A.2d 1273 (1990)
- Written by Rose VanHofwegen, JD
Facts
Joseph Ervin (defendant) procured cocaine that he shared with his girlfriend. She died as a result. The prosecution charged Ervin with strict liability for a drug-induced death under a recently enacted New Jersey statute. Ervin pled guilty and was sentenced to 10 years in prison, but he reserved his right to appeal. Ervin appealed, challenging the constitutionality of the statute on the grounds that imposing strict liability violated due process, exceeded the legislature’s power, and amounted to cruel and unusual punishment.
Rule of Law
Issue
Holding and Reasoning (Brochin, J.)
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