14 results for 'cat:"Evidence" AND cat:"Vehicular Homicide"'.
J. Wilson finds the trial court erroneously admitted the entirety of defendant's initial interview with police into the record. The officer who interviewed him never stopped asking questions about the hit-and-run accident after defendant requested an attorney and the two took a short break. However, there was overwhelming evidence to prove defendant struck a child and left the scene of the accident, including identifications by the victim's mother and a neighbor, as well a defendant's admission he knew he struck a child, not a dog; therefore, the error was harmless. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: May 7, 2024, Case #: 2022-KA-1235, Categories: evidence, vehicular Homicide
J. McDonald finds that defendant was improperly convicted of vehicular homicide by OWI. Defendant claimed he blacked out while driving due to a medical condition rather than because he was under the influence of controlled substances. An employee of a healthcare vendor subcontracted to provide services to the county jail provided impermissible hearsay testimony regarding statements contained in a post-accident medical records when those records were not admitted into evidence. Defendant's medical condition "was a critical piece of evidence" and the hearsay testimony "was not cumulative of other evidence," so it prejudiced defendant's case. Reversed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: March 15, 2024, Case #: 21-1319, Categories: evidence, Fair Trial, vehicular Homicide
J. Chicchelly finds that defendant was properly convicted of homicide by vehicle after using marijuana and methamphetamine and leaving the scene of the crash because crash analysis proved defendant caused the accident, and a blood test taken shortly thereafter proved drugs were in his system. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 7, 2024, Case #: 22-1976, Categories: evidence, vehicular Homicide
J. Worthen finds the trial court properly convicted defendant for murder based on sufficient evidence. Witnesses saw defendant hit his lover's ex with his truck, severing the victim's leg. Furthermore, defendant's blood was found on the driver's seat, and when he was arrested, he was found to have injuries consistent with his chest having hit the steering wheel. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 11, 2024, Case #: 12-22-00313-CR, Categories: evidence, Murder, vehicular Homicide
J. Pitman finds that defendant was properly convicted of vehicular homicide. In this case, defendant's blood alcohol content was more than twice the legal limit, and her blood was taken over two hours after the accident took place. Further, defendant appeared to be oblivious as to the scene of the accident where she ran a stop sign, causing a truck to crush the victim's vehicle. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: January 10, 2024, Case #: 55,470-KA, Categories: evidence, vehicular Homicide
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Egan finds the trial court properly determined the evidence was sufficient to support the finding that defendant acted with criminal negligence that resulted in the death of three people. “Evidence that defendant had used his cell phone a minute-and-a-half before the crash to send photos and use an app was relevant to whether defendant was paying attention while he drove on the highway.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 4, 2024, Case #: A177428, Categories: evidence, Negligent Homicide, vehicular Homicide
J. Oliver finds that evidence of text messages related to drug use were properly admitted in a trial that led to defendant's negligent homicide conviction because they showed he knew the risks of impaired driving. Also, an Allen charge encouraging the jury to come to a verdict did not ask jurors to abandon independent judgment, and sufficient evidence of impairment from oxycodone was presented. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 21, 2023, Case #: 20220182-CA, Categories: evidence, Dui, vehicular Homicide
J. Arterburn finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. The state proved that defendant had been convicted of two prior offenses carrying prison sentences of 1 year or more. Defendant does not contest this, and the evidence clearly supports the habitual criminal enhancement. Furthermore, defendant fails to show he received ineffective assistance of counsel. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 12, 2023, Case #: A-23-203, Categories: evidence, Sentencing, vehicular Homicide
J. Miller finds that even though defendant presented expert testimony the driver of the motorcycle was going well over the speed limit at the time she struck him in an intersection, her conviction for vehicular manslaughter was not against the weight of the evidence. The prosecution rebutted the evidence with several of its own witnesses who testified the motorcycle was traveling under the 35 miles-per-hour limit. Meanwhile, the trial court's questioning of defendant's expert witness cannot be considered "casting doubt" on the witness's credibility because nearly all of the questions were used to clarify testimony; therefore, the questioning did not deprive defendant of a fair trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: December 4, 2023, Case #: 2023-Ohio-4361, Categories: evidence, Fair Trial, vehicular Homicide
J. Garry finds that the lower court improperly convicted defendant of aggravated vehicular homicide, vehicular manslaughter, driving while intoxicated, and leaving the scene of an accident because the prosecution failed to disclose questions an expert raised concerning accident reconstruction methods. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 22, 2023, Case #: 112507, Categories: evidence, vehicular Homicide, Experts
J. Hixson finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of vehicular homicide by intoxication and driving under the influence (DUI), for crashing into another vehicle when he crossed the centerline of a road into oncoming traffic, killing the driver. Blood samples taken from defendant after the crash indicate that he was high on fentanyl when the crash occurred. Defendant argues that he was denied his right to confrontation because the lower court allowed a State’s witness to testify via Zoom, but the instant court finds the Zoom testimony did not prejudice defendant, and it was only utilized because the witness tested positive with Covid-19 and was contagious. Evidence is sufficient to support defendant’s convictions and 12-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 25, 2023, Case #: M2022-00949-CCA-R3-CD, Categories: evidence, Dui, vehicular Homicide
J. Welbaum finds the trial court properly denied defendant's motion to exclude several Snapchat videos from evidence during his trial on vehicular manslaughter and assault charges. The witness's testimony about how she "screen captured" the videos of reckless driving on her iPhone was specific enough to authenticate the evidence. Meanwhile, the videos were sufficient to confirm defendant as the driver of the vehicle at the time of the fatal accident, while testimony from witnesses he had consumed alcohol and smoked marijuana earlier that night was sufficient for the jury to convict on all charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: August 11, 2023, Case #: 2023-Ohio-2799, Categories: evidence, Dui, vehicular Homicide
J. Waldick finds the state's evidence of defendant's excessive speed at the time of her crash, proof the wreck occurred in the motorcycle's lane of travel, and the catastrophic nature of the victim's injuries was sufficient to convict defendant of aggravated vehicular homicide. Meanwhile, the trial court properly denied defendant's request for a jury instruction on the lesser-included offense of vehicular homicide because her decision to travel into the victim's lane, regardless of speed, constituted recklessness. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: June 29, 2023, Case #: 2023-Ohio-2200, Categories: evidence, vehicular Homicide