8 results for 'cat:"Jury" AND cat:"Vehicular Homicide"'.
J. Lipinsky finds the trial court erred in convicting defendant for vehicular eluding resulting in death, but upholds his convictions for assault, vehicular homicide and failure to fulfill duties after involvement in an accident involving death. There was an instructional error in the enhancer instruction to the jury on his vehicular eluding resulting in death conviction; the court failed to draw the distinction between the fatal crash while eluding police officers, and causing the crash after the eluding ended. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: May 16, 2024, Case #: 2024COA52, Categories: vehicular Homicide, jury Instructions
J. Cannataro finds that defendant was properly convicted of aggravated vehicular homicide and manslaughter for causing a three-car accident that killed one person and seriously injured four others. Defendant contends his trial rights were violated since he could not gauge prospective jurors due to Covid-19 protocols requiring that they wear face masks unless being questioned individually, but defendant did not have a specific right to an unobstructed view of every potential juror's face during the selection process. Affirm.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: February 20, 2024, Case #: 13, Categories: Constitution, jury, vehicular Homicide
J. Miller finds that the trial court properly convicted defendant of vehicular homicide. The trial court correctly found that juror misconduct did not contribute to the verdict. Jurors admitted to obtaining extrajudicial information by Googling the difference in the severity of the charges. The jurors were already aware based on their general knowledge and the description of the crimes in the indictment that first-degree vehicular homicide was a more serious offense and carried a harsher punishment than second-degree vehicular homicide. The two jurors' research into the meaning of "first degree" and "second degree" was therefore harmless because the information the searches revealed was already known to the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: December 13, 2023, Case #: A23A1258, Categories: jury, vehicular Homicide
J. Moore finds that defendant's murder conviction was supported by sufficient evidence of implied malice: high blood-alcohol level, predrinking intent to drive, knowledge of the hazards of DUI and highly dangerous driving. Also, he failed to show that vehicular manslaughter is a lesser included offense of a murder charge, and the trial court was not obligated to give the jury an instruction on the lesser related offense of gross vehicular manslaughter while intoxicated. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: December 12, 2023, Case #: G061812, Categories: Dui, vehicular Homicide, jury Instructions
J. Fox finds that the lower court properly convicted defendant of aggravated vehicular homicide. Defendant claims that during trial she was denied the ability to give her proposed instructions to the jury, which would have told the jury to consider the victim's actions. Defendant claims this instruction was tied to her theory of defense and that the lower court should have allowed her to raise it, but her proposal is not considered a proper theory of defense instruction under the law and the lower court was correct in denying it. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: December 11, 2023, Case #: S-23-0059, Categories: vehicular Homicide, jury Instructions
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J. Harutunian finds that the trial court properly declined to provide the jury an accident defense instruction. Defendant's blanket claim that he accidentally struck and killed a pedestrian in a crosswalk after passing a vehicle that was stopped for the pedestrian does not support an accident defense. And his claims that he did not see the victim, it was dark and she ran into the crosswalk do not negate ordinary negligence. Affirmed.
Court: California Courts Of Appeal, Judge: Harutunian, Filed On: November 21, 2023, Case #: CA296005, Categories: vehicular Homicide, jury Instructions
J. Hoffman finds the trial court properly denied defendant's motion to exclude the results of a blood test following the fatal crash that led to her trial on aggravated vehicular homicide charges. She failed to provide specific evidence the test was conducted in violation of collection standards or that a delay in taking the test affected the results in any way. Meanwhile, the trial properly denied defendant's request for a lesser-included offense of vehicular manslaughter. Not only did all of her charges already include lesser offenses, but evidence indicates defendant committed various traffic infractions and was under the influence of fentanyl. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: June 20, 2023, Case #: 2023-Ohio-2040, Categories: Drug Offender, vehicular Homicide, jury Instructions