State v. Luster

Georgia Court of Appeals

419 S.E.2d 32 (1992)

Relevant factsFree

Darla Luster (defendant) gave birth to her daughter on March 3, 1991, and tested positive for cocaine metabolites the next day. The State of Georgia (plaintiff) charged Luster with possession of cocaine and with delivering and distributing cocaine to her daughter, based on the transmission of cocaine metabolites through her body to the fetus before birth. Luster moved to dismiss the delivery/distribution charge, arguing the statute wasn't meant to cover transmission to a fetus; the trial court agreed and dismissed that charge, and the state appealed.

IssueFree

Whether the delivery or distribution of cocaine criminal statute applies to a fetus.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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