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KY Supreme Court Upholds DUI Murder Convictions
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Posted 4 months ago Working a DUI fatal and I need a supreme court case on charging the drunk driver with murder. I know some courts have upheld that when a driver drank alcohol and got behind the wheel he/she knew that it was likely that they could kill someone. Can you brother and sister COPS help me out? Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago anybody? Beuhler Beuhler Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago Try this link http://en.wikipedia.org/wiki/Lists_of_United_States_Supreme_Court_cases it will give you all landmark decisions handed down by the USSC. I hope this helps. Be nice. Be professional. Have a plan to kill everyone you meet. Misery minus me equals humor. I reject your reality and substitute my own. |
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| Posted 4 months ago I'd like to know what we come up with on this one. The elements of murder, as I know it, include "intent". Knowing you may kill someone if you are drunk behind the wheel and intending on killing someone are two different concepts. This is why here in NV we always tack on reckless driving. -It is easy to show they were demonstrating wanton disregard for human life but it is a whole different issue to try to press that they intended to kill someone. Look up the Pricilla Ford case from Reno, NV circa 1980 or so. She was drunk but absolutely demonstrated she intended on killing people as she drove down the sidewalk of N Virginia St and mowed innocent people down. That's the best I can do for you. good luck Brother. |
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| Posted 4 months ago I looked through that link provided and was unsuccessful. IF I remember right the intent comes in when the person is actually consuming the alcohol. A person knows that alcohol impares abilities and if they get behind the wheel anyway, and because of their impairment they kill someone that they knew or should have reasonably known that someone could be killed. I know it has been successful in courts I just can't find any of the cases. Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago
DUI & Murder
I found this but still no case law.
DUI that causes death may, in special cases, be charged as murder. In the most extreme cases, it may even be charged as murder in the first degree. First-degree murder requires a showing of malice, usually found when the defendant acts in utter recklessness or wantonness.
It is stated that malice for the purpose of DUI murder are acts by the defendant that represents conscious disregard for human life, that the defendant knew his conduct was dangerous to others and had blatant disregard for any damage he/she caused. The defendant’s treatment history for alcoholism can be brought before the court as evidence that the defendant knew his/her conduct was dangerous and sought treatment before driving drunk again, when the death occurred. In most DUI murder convictions, malice is inferred from the defendant’s handling a weapon that may cause death. In the case of a drunk driver, it is said that the mere driving of a car on the road demonstrates the defendant handled a dangerous weapon.
Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago Are we sure that the USSC has handed down a ruling addressing this particular issue? I found this on a wikipedia article dealing with a DUI crash which happened in Kentucky in 1988 http://en.wikipedia.org/wiki/Carrollton_bus_disaster. Hopefully this will help more than my previous link. Vehicular or intoxication manslaughter Vehicular manslaughter is a kind of misdemeanor manslaughter, which holds persons liable for any death that occurs because of criminal negligence or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (determined by excessive blood alcohol content levels set by individual states), although an independent infraction (such as driving with a suspended driver's license), or negligence is usually also required.[2] In some U.S. states, such as Texas, Intoxication Manslaughter is a distinctly defined offense. A person commits intoxication manslaughter if he or she operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.[3] Intoxication manslaughter, vehicular manslaughter and other similar offenses require a lesser mens rea than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.[4] For example, in Texas, to prove intoxication manslaughter it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they were intoxicated and operated a motor vehicle and someone died as a result. The same rule of law applies in New York for vehicular manslaughter in the second degree.[5] Be nice. Be professional. Have a plan to kill everyone you meet. Misery minus me equals humor. I reject your reality and substitute my own. |
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| Posted 4 months ago
The best that we can usually do in Ohio is a charge of Aggravated Vehicular Homicide, when a DUI driver has a crash that results in a fatality. Do you have a similar statute in Kentucky? "You can't lead from behind" Gen'l James Longstreet, CSA |
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| Posted 4 months ago Best I can do is there are several cases in Cali, its called the "Watson Law", it's been used in Oklahoma, Wisconsin and Texas I believe and at least twice in Kentucky one last week (Trp Durbin??) but the Highest courts that I saw were the state's supreme court noting in the SCOTUS files. I voted for an American hero not an American zero. |
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| Posted 4 months ago The issue has been successfully tried and convicted, it was almost done by a Trooper here at my post but they went ahead and took a plea to Man 1, Man 1 is easy but the supervisors and even the Commonwealth attorney is wanting to push murder based on the info in my last post above. My legal office has finally gotten back to me on the issue let me go look at it and I will let you know what I find. I would be a good precedence to try to spread across the nation. I'll be right back. Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago
Supreme Court of Kentucky. Lester E. COOK, Jr., Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee. No. 2002-SC-0486-MR.
This is a ruling where Cook was convicted of wanton murder and it was appealed and the conviction stands. It's not a USSC case but it's a start. I'm still looking at others our legal office sent me.
Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago
Supreme Court of Kentucky. Demond T. BROWN, Appellant, v. COMMONWEALTH OF KENTUCKY, Appellee. Demond Brown, Appellant, v. Commonwealth of Kentucky, Appellee. Nos. 2003-SC-0235-MR, 2003-SC-0716-TG.
June 16, 2005. As Modified July 7, 2005. Rehearing Denied Nov. 23, 2005.
Background: Defendant was convicted in the Circuit Court, Christian County, John L. Atkins, J., of wanton murder and wanton endangerment in the first degree, and he appealed.
Holdings: The Supreme Court, Cooper, J., held that: (1) evidence was sufficient to support defendant's conviction for wanton murder; and (2) defendant did not establish that he was entitled to new trial on ground that his right to impartial jury was violated when at least one juror allegedly withheld material information during voir dire.
This is another good one to look at, again it's not a USSC case but I think most states could successfully argue some of the points in this one. Of course this isn't the whole case but look it up. Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago In TX we charge them with Intoxication Manslaughter.....In some U.S. states, such as Texas, Intoxication Manslaughter is a distinctly defined offense. A person commits intoxication manslaughter if he or she operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.... John 15:13; " Greater love hath no man than this, that he lay down his life for his Friends.." We few, we happy few, we band of brothers; For he to-day that sheds his blood with me shall be my brother.... Lord, keep Your arm around my shoulder and Your hand over my mouth . |
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| Posted 4 months ago OK Last one, but LEOs please take the time to look at them. It is as I originally thought. The KY Supreme court has upheld convictions for Wanton Murder based on the fact that when you drink and drive you know you are putting others on the road at risk of death, therefore you wantonly engaged in that activity.
Supreme Court of Kentucky. Thomas BERRYMAN, Appellant v. COMMONWEALTH of Kentucky, Appellee. No. 2006-SC-000229-MR.
Nov. 1, 2007.
Background: Defendant was convicted in the Circuit Court, Clark County, Julia Hylton Adams, J., of wanton murder and assault in the first degree. Defendant appealed.
Holdings: The Supreme Court, Minton, J., held that: (1) evidence was sufficient to support finding that defendant engaged in wanton conduct, as required to support convictions, and (2) trial court did not abuse its discretion when it ruled that package defendant and his companion picked up prior to defendant's collision with victims' vehicle contained illicit pills.
Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago These should be good thanks for everyone who tried to help. Still going to keep looking for USSC cases Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |
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| Posted 4 months ago We have vehicular homicide, where alcohol was a contributing factor. Is wanton murder a capitol offense or lessor offense? Beyond fatigue lies compensatory hypertrophy |
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| Posted 4 months ago vehicular homicide (TCA 39-13-213) or aggravated vehicular homicide (TCA 3-13-28) both cover the reckless killing of another by the operator as the proximate result of the drivers intoxication. i dont believe you can charge murder from a dui wreck or atleast i cant find it anywhere. i will keep looking though. also, getting a DA to prosecute it, if possible, would be another thing. LIFE'S JOURNEY IS NOT TO ARRIVE AT THE GRAVE SAFELY IN A WELL PRESERVED BODY BUT RATHER TO SLIDE IN SIDEWAYS, TOTALLY WORN OUT, SHOUTING "HOLY SHIT....WHAT A RIDE" |
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| Posted 4 months ago Well there may not be any that made it to the USSC Pain is weakness leaving the body. Obstacles are what we see when we take our eyes off the goal. |