(Download) "State v. Al-Naseer" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Al-Naseer
- Author : Supreme Court of Montana
- Release Date : January 20, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
On June 16, 2002, the car driven by appellant, Mohammed Al-Naseer, struck and killed Kane Thomson while Thomson was changing a flat tire on the side of Highway 10 near Glyndon, Minnesota. As a result of Thomsons death, Al-Naseer was charged with and convicted of two counts of criminal vehicular homicide, one for gross negligence under Minn. Stat. § 609.21, subd. 1(1) (2004), and the other for leaving the scene of an accident under Minn. Stat. § 609.21, subd. 1(7) (2004). Al-Naseer was sentenced to 48 months in prison and ordered to pay restitution. The court of appeals reversed Al-Naseers conviction for criminal vehicular homicide - leaving the scene of an accident, but affirmed the gross negligence conviction. In affirming, the court of appeals concluded, among other things, that the erroneous admission at trial of a videotaped interview Al-Naseer had given to the police the night of Thomsons death was harmless error and that the trial courts failure to instruct the jury on the lesser-included offense of careless driving was not error. Having granted limited review, we reverse and remand for a new trial.
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