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Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large

Loaded on May 22, 2018 by Christopher Zoukis published in Criminal Legal News June, 2018, page 36
Filed under: Criminal Prosecution, Victims. Location: Colorado.

by Christopher Zoukis

The Colorado Supreme Court struck down the convictions of a habitual drunk driver because the convictions — one for attempted reckless manslaughter and one for attempted second-degree assault — required that an actual, discernable person be placed at risk, and the evidence did not establish that fact. ...

 

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More from this issue:

  1. Study: Unionized Police? Increased Misconduct, by Derek Gilna
  2. ‘Serious Bodily Harm’ Does Not Include Animals, Massachusetts Supreme Court Holds, by Dale Chappell
  3. Georgia Supreme Court Vacates Convictions and Sentences Due to Merger Errors, by Matthew Clarke
  4. Rhode Island High Court Abolishes Shatney in Initial Application for Postconviction Relief by Prisoners Serving Life Without Parole, by Matthew Clarke
  5. North Dakota Supreme Court Announces Interpretation of Restitution Statutes, by Christopher Zoukis
  6. Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights, by Matthew Clarke
  7. Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule, by Dale Chappell
  8. Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll, by Matthew Clarke
  9. ‘Black Identity Extremists’ Added to FBI List of Domestic Terrorists, by Christopher Zoukis
  10. The G-Men are Coming: Local Cops Partner with Federal Authorities to Deport Undocumented Immigrants, by Christopher Zoukis
  11. U.S. Supreme Court: Death Penalty Case Involving Racist Juror Requires Further Consideration, by Christopher Zoukis
  12. Ohio Supreme Court Holds State Cannot Prove ‘Bulk Amount’ of Fentanyl Under Statute, by Dale Chappell
  13. Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large, by Christopher Zoukis
  14. U.S. Supreme Court Resolves Split Among Circuit Courts of Appeals on Tax Code § 7212(a), by Richard Resch
  15. Ninth Circuit Reverses Drug Smuggling Conviction for Improper Exclusion of Evidence of Third-Party Culpability, by Christopher Zoukis
  16. Arizona Supreme Court: Trial Court Must Tell Jury Defendant Ineligible for Parole in Death Penalty Phase, by Dale Chappell
  17. Iowa Supreme Court Rules District Courts Have Authority to Hear Postconviction Relief Actions Involving Deprivation of Liberty or Property Interest, by David Reutter
  18. Innocence be Damned: Prosecutors Who Disregard Justice in Push to Win at Any Cost, by Dale Chappell
  19. Cautionary Tale: Visible Fingertips in Cellphone Pictures Can Get You Arrested, by Steve Horn
  20. D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court, by Dale Chappell
  21. Colorado Supreme Court Limits Bottom End of Aggravated Sentencing Statute for Habitual Sex Offenders, by Christopher Zoukis
  22. New Report: 60 Percent of Exonerations Stem from Official Misconduct, by Steve Horn
  23. Washington High Court Issues New Rule Making Immigration Status Inadmissible, by Derek Gilna
  24. ‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned, by Matthew Clarke
  25. Captured: ‘Golden State Killer’ Wanted for 12 Murders and 50 Rapes Turns Out To Be Former Sacramento-Area Cop, by Derek Gilna
  26. Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence, by Monte McCoin
  27. Coast to Coast, Sex Offender Residency Restrictions Waste Money, Create Havoc, by Sandy Rozek
  28. ‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops, by Matthew Clarke
  29. Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis, by Dale Chappell
  30. Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition, by Christopher Zoukis
  31. Habeas Hints: Understanding and Satisfying the Strickland Test for IAC, by Kent A. Russell, Tara Hoveland
  32. Book Review: California Habeas Handbook 2.0 by Kent A. Russell, by Christopher Zoukis
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  34. U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause, by Dale Chappell
  35. Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity?, by Leah Litman
  36. New York Times Investigation Spotlights NYPD Practice of ‘Testilying’, by Derek Gilna
  37. News in Brief
  38. Sex Offender Registries: Common Sense or Nonsense?, by Christopher Zoukis

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