State v. Freeman

450 N.W.2d 826 (1990)

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State v. Freeman

Iowa Supreme Court
450 N.W.2d 826 (1990)

  • Written by Jamie Milne, JD
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Facts

Robert Freeman (defendant) sold two grams of cocaine, a controlled substance, to Keith Hatcher for $200. Hatcher was working with law enforcement. The purported cocaine was in fact acetaminophen, which is not a controlled substance. Freeman was unaware of the true nature of the substance and believed it was cocaine. Freeman was convicted of delivering a simulated controlled substance represented to be cocaine under Iowa Code § 204.401(2). Freeman appealed his conviction on the ground that he could not be liable for delivering a simulated controlled substance if he believed he was delivering cocaine.

Rule of Law

Issue

Holding and Reasoning (McGiverin, C.J.)

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Key Terms

  • ScienterA level of knowledge required to make a person legally responsible for the consequences of such person’s act or omission. In the securities-regulation context, scienter refers to a mental state that encompasses an intent to deceive or defraud.
  • Mistake of FactA mistaken belief regarding some material event, belief, or circumstance which may negate a specific element of a criminal offense or warrant equitable rescission or reformation of a contract.

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