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Home / Opinion Digests / Criminal Practice / Criminal Practice – First Impression – Constitutional – Due Process – Pseudoephedrine Possession (access required)

Criminal Practice – First Impression – Constitutional – Due Process – Pseudoephedrine Possession (access required)

State v. Miller (Lawyers Weekly No. 011-098-16, 28 pp.) (Linda Stephens, J.) Appealed from Watauga County Superior Court (Eric Morgan, J.) N.C. App. Holding: As applied to defendant, a new statute is unconstitutional. G.S. § 90-95(d1)(1)(c), a strict liability statute, violates defendant’s due process rights because it makes possession of a product containing pseudoephedrine by any ...

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