 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Ingraham6/23/1998
APPEAL FROM: District Court of the Twentieth Judicial District,
In and for the County of Lake, The Honorable Katherine R. Curtis, Judge presiding.
Submitted on Briefs: January 15, 1998
Gregory Lloyd Ingraham appeals from a judgment and commitment of the Twentieth Judicial District Court, Lake County, based on a jury verdict convicting him of negligent homicide, criminal endangerment, and criminal trespass to property. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
Ingraham advances twelve issues on appeal, reordered as follows for purposes of our Discussion:
1. Did the District Court err in admitting evidence of various medications detected in Ingraham's blood and urine, as well as those found in his car?
2. Did the District Court err in admitting evidence of warnings generally given with the various medications detected in Ingraham's system and found in his car?
3. Did the District Court err in instructing the jury regarding the definition of "knowingly"?
4. Are convictions for negligent homicide and criminal endangerment legally inconsistent?
5. Is there sufficient evidence of record to support Ingraham's conviction for criminal endangerment?
6. Is there sufficient evidence of record to support Ingraham's conviction for negligent homicide?
7. Did the District Court err in admitting evidence of a second blood alcohol test, the results of which were contained in Ingraham's medical records?
8. Did the District Court err in excluding a demonstrative videotape from evidence ?
9. Did the District Court err in admitting expert testimony regarding blood alcohol levels?
10. Did the District Court err in admitting testimony by paralegal Jeanne Windham?
11. Did the District Court err in ordering the parties not to contact the jurors after they rendered their verdict?
12. Did the District Court commit prejudicial cumulative error, thereby entitling Ingraham to a new trial?
PERTINENT FACTUAL AND PROCEDURAL BACKGROUND
In the early morning hours of October 13, 1995, Ingraham was driving north on Highway 93 near St. Ignatius, in Lake County, Montana. Roughly two miles north of town, Ingraham's vehicle crossed the center line and struck an oncoming Ford Ranger pickup truck, driven by Cynthia Harriman-Larson. Harriman-Larson died in the collision, and her passenger, Delbert Adams, suffered severe injuries.
On the evening of the accident, Ingraham left his office at roughly 5:00 p.m. He went home, ate a peanut butter sandwich, gathered some hunting gear and his two dogs, and drove to the home of his friend and former client, Ed Starkel. Ingraham arrived at Starkel's residence at 5:30 p.m. and remained for approximately two hours, during which time he drank one-half of a can of beer while helping his friend prepare for a pack trip. Ingraham left Starkel's at 7:30 p.m. and drove to the Rustic Hut in Florence, where he met his friend Jeff Lulow and consumed three or four beers, as well as some popcorn and beer nuts. Ingraham and Lulow left the Rustic Hut in separate cars at roughly 11:30 p.m. and drove to Mustang Sally's in Missoula, where Ingraham had two more beers.
Ingraham left Mustang Sally's between 1:00 and 1:30 a.m. and began the drive home to Ronan, with his two dogs still in the back seat. Ingraham ate some trail mix while he was driving, and sipped from a beer he found on the floor behind the passenger seat in his car. It was a clear evening, and the two-
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|