 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Jahner3/5/2003
verdict in this case is repugnant. Some courts have attempted to distinguish "inconsistency" from "repugnancy" in verdicts containing multiple counts. See Steven T. Wax, Inconsistent and Repugnant Verdicts in Criminal Trials, 24 N.Y.L.Sch.L.Rev. 713, 716 (1979). However, this Court's standard for reconciling a jury verdict is whether the verdict is legally inconsistent. See State v. Swanson, 225 N.W.2d 283, 285 (N.D. 1974). Therefore, we will examine Jahner's argument under our standard of legal inconsistency.
[ ] In this case, Jahner was charged in Count 1 with manslaughter for " ecklessly causing the death of another human being, namely David Smith, Jr., by operating a motor vehicle while under the influence of intoxicating liquor, with a blood alcohol level well in excess of the legal limit, and with extreme speed in a reduced speed zone." The jury was also instructed on the lesser-included offense of negligent homicide for the crime of manslaughter. Jahner was charged in Count 2 with reckless endangerment for "recklessly endanger the lives of the three (3) other passengers and the public by operating a motor vehicle while under the influence of intoxicating liquor, with a blood alcohol level well in excess of the legal limit, and with extreme speed in a reduced speed zone." The jury acquitted Jahner of manslaughter, found him guilty of the lesser-included offense of negligent homicide, and guilty of reckless endangerment.
[ ] " trict standards of logical consistency need not be applied to jury verdicts in criminal cases." Swanson, at 285. "Reconciliation of a verdict, therefore, includes an examination of both the law of the case and the evidence in order to determine whether the verdict is logical and probable and thus consistent, or whether it is perverse and clearly contrary to the evidence." Barta v. Hinds, 1998 ND 104, 6, 578 N.W.2d 553 (internal quotations omitted). Under N.D.C.C. § 12.1-16-02, the required culpability for the offense of manslaughter is recklessly; recklessly is also the culpability required for the offense of reckless endangerment under N.D.C.C. § 12.1-17-03. State v. Hanson, 256 N.W.2d 364, 367 (N.D. 1977). In this case, the apparent inconsistency to be reconciled is whether it is legally inconsistent for the jury to acquit Jahner of manslaughter and find Jahner guilty of reckless endangerment because both offenses require the same level of culpability. In State v. Moran, 474 N.W.2d 77, 78 (N.D. 1991), we addressed inconsistency in a jury verdict which acquitted the defendant on the charge of aggravated assault but convicted the defendant of unlawful possession of a firearm. The defendant, in Moran, "argue that because the jury, by its verdict of acquittal on the aggravated assault charge, must have determined that he used the gun in self defense, the jury should also have acquitted him of unlawful possession of a firearm on the basis of self defense." Id. This Court concluded there was substantial evidence showing the defendant knowingly possessed the gun prior to the altercation; therefore, there is no inconsistency in the verdicts. Id.
[ ] Applying the analysis in Moran, we examine each charge separately and analyze if the evidence supports the conviction to determine if the jury returned an inconsistent verdict. In this case, Jahner was charged with manslaughter for the death of Smith and reckless endangerment for endangering the public and the lives of the three other passengers in the vehicle. The level of culpability for an offense is analyzed at the time a person engaged in the conduct which constituted an offense. See N.D.C.C. §§ 12.1-02-01 and 12.1-02-02(1). In this case, the evidence permits the jury to find the culpability level related to t
Page 1 2 3 4 5 North Dakota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|