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Robb

(39,665 posts)
27. Thanks for the link. It looks like a previous case
Thu May 24, 2012, 02:32 PM
May 2012

...cited by the defense is as/more interesting:

Before the trial and in his motion for a new trial, Nelson argued that a precedent case, State v. Al-Naseer, the Minnesota Supreme Court established that a defendant in a criminal vehicular homicide case must know at the time that she had struck a person or vehicle.

The Supreme Court overturned the conviction in the Al-Naseer case after finding reasonable doubt that the man knew he had struck a person or car....

..."Defendant essentially made these same arguments in her motion to dismiss for lack of probable cause and those arguments were rejected by this court," the prosecutor wrote. She went on to note that in the Al-Naseer case, experts for the state conceded the man could have been asleep when he crashed, but "there was absolutely NO evidence that the Defendant Senser was asleep at the time of the crash."


All interesting stuff. If the victim dies I suppose this would apply; probably not as high a bar if he doesn't.

Recommendations

0 members have recommended this reply (displayed in chronological order):

That is an interesting defense. Robb May 2012 #1
more of an "explanation" than a "defense". unblock May 2012 #5
Is there anything about intent in hit-and-run cases? Robb May 2012 #10
well i'm not a lawyer, so you may well be right. however, unblock May 2012 #14
Didn't work out so well for Amy Senser. 99Forever May 2012 #24
Thanks for the link. It looks like a previous case Robb May 2012 #27
When I hit a sparrow or a squirrel I know about it XemaSab May 2012 #26
Any halfway decent software license agreement addresses this kind of thing slackmaster May 2012 #23
Seems reasonable, because iphone navigation really is kind of buggy CreekDog May 2012 #2
Did the app also cause him to accelerate away? DavidDvorkin May 2012 #3
If it's the "Better Call Saul" app, maybe so. n/t Bolo Boffin May 2012 #11
Dowloading an app. SheilaT May 2012 #4
He was downloading an application when he was supposed to be driving? rocktivity May 2012 #6
I tend to hear all the usual & odd noises when I am driving. Solly Mack May 2012 #7
Not only that Cali_Democrat May 2012 #9
Good news, Mr. Sheehan! There's an app for that, too gratuitous May 2012 #8
End Of Thread. Ikonoklast May 2012 #12
I downloaded 300MB of apps in my car last week. onehandle May 2012 #13
I have an app idea for my car... Demoiselle May 2012 #15
For $43 dollars you can have one that fits in your rear window. jp11 May 2012 #17
Oh MY! I am going to give this serious consideration. Thanks! Demoiselle May 2012 #19
Mr. John Sheehan, 30, is completely full of crap tkmorris May 2012 #16
boop boop..... ProudToBeBlueInRhody May 2012 #18
I remember an old Law & Order episode that bugs me to this day. Ruby the Liberal May 2012 #20
Oh maaan! That's messed up. Poll_Blind May 2012 #22
Sounds more like an ID10T error to me slackmaster May 2012 #21
PEBSAK Ruby the Liberal May 2012 #25
...Or a failure of a critical mechanical part - The nut behind the wheel. slackmaster May 2012 #28
Latest Discussions»General Discussion»Hit-and-run suspect says ...»Reply #27