People v. Nere
2018 IL 122566 (2019)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
In Illinois, to establish causation for drug-induced homicide, the State must prove the defendant's delivery of a controlled substance was a 'contributing cause' of the victim's death. The State is not required to prove that the delivered substance was a 'but-for' cause of death.
Facts:
- On June 27, 2012, Augustina Taylor held a party at her mother's apartment to celebrate her release from prison the previous day.
- At approximately 10:30 p.m., Taylor called Jennifer N. Nere to arrange a ride home for Taylor's girlfriend, Leslie Walker.
- When Nere arrived at the apartment complex, she gave Taylor heroin, crack cocaine, a syringe, and a crack pipe.
- Immediately after the exchange, Taylor went back inside the apartment, entered a bathroom, and locked the door.
- Family members, unable to enter the locked bathroom, became concerned and called 911.
- Responding officers forced the door open and found Taylor unresponsive.
- Taylor was transported to a hospital where she was pronounced dead.
- A forensic pathologist determined Taylor's cause of death was heroin and cocaine intoxication, and the presence of 6-MAM in her blood indicated recent heroin use.
Procedural Posture:
- Jennifer Nere was charged with drug-induced homicide in the Circuit Court of Du Page County, a state trial court.
- At her trial, Nere's proposed jury instructions on 'but-for' causation were rejected by the court, which instead gave the Illinois Pattern Jury Instruction based on a 'contributing cause' standard.
- A jury found Nere guilty of drug-induced homicide.
- Nere, as appellant, appealed her conviction to the Appellate Court of Illinois, Second District, an intermediate appellate court, with the People of the State of Illinois as appellee.
- The appellate court affirmed Nere's conviction.
- Nere, as appellant, then filed a petition for leave to appeal with the Supreme Court of Illinois, the state's highest court, which granted the petition.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the 'contributing cause' standard for causation, as provided in the Illinois Pattern Jury Instructions for homicide, accurately state the law for a drug-induced homicide prosecution, or must the State prove 'but-for' causation as articulated in Burrage v. United States?
Opinions:
Majority - Justice Thomas
No. The 'contributing cause' standard accurately states Illinois law for drug-induced homicide; the State is not required to prove 'but-for' causation. The Illinois drug-induced homicide statute's language, 'is caused by,' was intentionally chosen by the legislature to align with the state's traditional causation standard for all other homicide offenses. This long-standing Illinois standard requires only that the defendant's act be a 'contributing cause' of death, meaning it is not required to be the sole or immediate cause. The U.S. Supreme Court's decision in Burrage v. United States, which interpreted a federal statute's 'results from' language to require but-for causation, is not binding on Illinois courts interpreting a state statute with different language and a distinct legal history. The court explicitly rejects the policy-based dictum in Burrage criticizing the contributing cause standard, finding that the standard does not raise due process concerns and better aligns with the common understanding of causation in cases involving multiple concurrent causes.
Analysis:
This decision solidifies Illinois's 'contributing cause' standard for homicide and establishes a clear divergence from the federal 'but-for' causation requirement set in Burrage v. United States. By affirming the traditional state standard, the court makes it less difficult for prosecutors in Illinois to secure convictions in drug-induced homicide cases where multiple substances or pre-existing conditions contribute to a death. The ruling provides strong precedential authority for trial courts to continue using the existing Illinois Pattern Jury Instruction on causation in all homicide cases, insulating such convictions from federal-style 'but-for' challenges. The court's detailed defense of the 'contributing cause' theory offers a robust analytical framework for future criminal cases involving causal overdetermination.
