6 results for 'cat:"Evidence" AND cat:"Manslaughter" AND cat:"Vehicle"'.
J. Kellum finds that the lower court properly convicted defendant for manslaughter after he allegedly struck the victim with a car. Defendant has not shown that he is entitled to relief in connection with his requested jury instruction. Also, there was no abuse of discretion in the lower court’s handling of an unsolicited statement defendant made to a police officer during transport. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0611, Categories: evidence, manslaughter, vehicle
J. Horton finds the trial court improperly convicted defendant for vehicular manslaughter. Defendant struck a can collector who had stepped behind a stopped garbage truck. It is undisputed that the truck had been stopped for 5 seconds and that the sun was setting behind the truck, causing its yellow warning lights to blend with the color of the sunset. Defendant, travelling at 3 mph above the 50-mph posted speed, was not operating the vehicle recklessly, and evidence presented did prove beyond a reasonable doubt that she diverted her attention from the road for a full 15 seconds. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 6, 2024, Case #: 09-22-00028-CR, Categories: evidence, manslaughter, vehicle
J. Heavican finds the trial court properly convicted defendant for manslaughter based on sufficient evidence. The state showed he made a left-hand turn in his vehicle, at night, while under the influence of marijuana, with the victim crashing his motorcycle into the passenger side. The sentence of 12 to 16 years in prison is within statutory guidelines. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: January 19, 2024, Case #: S-22-901, Categories: evidence, manslaughter, vehicle
J. Virden finds the trial court properly convicted defendant for manslaughter based on sufficient evidence. Walmart surveillance video showed defendant's car spinning and hitting other cars, and striking an 86-year-old grandmother pushing a shopping cart. He also tested positive for meth and marijuana. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: December 13, 2023, Case #: CR-23-278, Categories: evidence, manslaughter, vehicle
J. Welch finds the trial court properly convicted defendant for manslaughter, having caused a traffic accident that resulted in the death of a motorcyclist. The lower court properly denied defendant's motion for postconviction relief based on his claims of counsel's failure to object to the instruction on manslaughter. The prosecution has discretion as to what the charge will be. Furthermore, defendant's proposed addition of the word "proximate" to the jury instruction is irrelevant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 21, 2023, Case #: A-22-976, Categories: evidence, manslaughter, vehicle
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J. Johnson finds the trial court properly convicted the 18-year-old defendant for intoxication manslaughter of a police officer, occurring from an accident caused by his driving on the wrong side of the highway. Evidence shows that defendant did not have a driver’s license, had just attended one or more parties where alcohol was being served, and that his blood alcohol level was well over the legal limit. All evidence supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 11, 2023, Case #: 09-22-00269-CR, Categories: evidence, manslaughter, vehicle