"In brief" posts are shorter looks at interesting appellate filings. There are simply too many worthy cases to cover in full. These "in brief" posts let me cover a few more. The posts lift a lot from the briefs themselves (expressing gratitude to lawyers who are decent writers). Those lifted parts are indented. My additions / summaries are not.
State v. James H. Siegert
Appeal 22AP1583
Filing attorney: Jeffrey Jensen
Siegert was charged with first degree reckless homicide by the delivery of a controlled substance. The evidence presented at trial was to the effect that Siegert, and three other individuals, including the deceased, Mae Matrick, drove to Rockford, Illinois, for the purpose of buying drugs. There, the group met with a supplier in the parking lot of a Wal-Mart. The people in the car all gave money to Siegert, who then went and purchased a quantity of white powder. When he got back to the car, the powder was “split up” among the people in the car. Matrick immediately consumed some of the white powder, and then the group began to drive back to Adams County. On the way, Matrick was “having seizures.” When they got back, they dropped Matrick off at her home. Many hours later, Matrick’s mother found her slumped over a coffee table, apparently deceased. There was debris on the coffee table suggesting drug use.
At trial, the physician who conducted the autopsy on Matrick was not available, and the state chose not to present the testimony of a substitute expert concerning the autopsy. Rather, the state relied solely on the testimony of the Adams County Medical Examiner, Marilyn Rodgers, who offered the opinion that Matrick died accidentally as a result of an “acute drug fatality.” Rodgers is not a physician, and she did not conduct an autopsy. The state also presented evidence that fentanyl was found in Matrick’s blood.
An Adams County jury found Siegert guilty of first degree reckless homicide, which occurred on Dec. 1, 2018, delivery of a controlled substance (fentanyl) on July 24, 2019; and possession of drug paraphernalia on July 24, 2019. The homicide charge was for Matrick's death; the delivery and possession charges arose from a delivery and subsequent search of Siegert's home.
Circuit Judge Daniel Wood sentenced him to six years of incarceration and four years of extended supervision on the homicide charge, to be served after he finished his sentences on the other two charges. Wood, however, stayed the penalty and placed Siegert on eight years of probation. On the delivery of a controlled substance charge, Wood sentenced Siegert to four years of incarceration and one year of incarceration; and on the paraphernalia count, Siegert was ordered to serve 30 days in jail, concurrent to the delivery sentence.
Siegert took his case to the District IV Court of Appeals.
On appeal, Siegert argued that there was insufficient evidence to prove that the substance Siegert obtained in Rockford and distributed to the others was fentanyl; further, that the evidence was insufficient to prove that the substance found on the table near the body was the substance Siegert delivered to her nine hours earlier; and, finally, that the evidence was insufficient to prove that the substance Siegert delivered to Matrick was what caused her death.
The appeals panel affirmed the conviction.
Thus, the issue for this appeal is whether the circumstantial evidence was sufficient as a matter of law to prove that the substance obtained by Siegert in Rockford and then split up among the people in the car, was fentanyl, and that is was also the cause of Matrick’s death many hours later.
The full petition is here.
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