 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Hobbs7/11/2003
Affirmed.
Patrick Hobbs was convicted by a jury of involuntary manslaughter, aggravated battery, and leaving the scene of an injury accident. He appeals his convictions and sentence. This appeal was transferred from the Court of Appeals on this court's own motion pursuant to K.S.A. 20-3018(c).
Hobbs raises the following issues on appeal:
1. Whether evidence of Hobbs' blood alcohol content was properly admitted.
2. Did the trial court err in failing to grant a mistrial when a juror had contact outside the courtroom with a State's witness?
3. Did the trial court err in admitting testimony that Hobbs had been ejected from Sandstone Amphitheater and a photograph of the deceased?
4. Should the out-of-state State's witnesses have been permitted to testify even though their appearances were not procured according to the Uniform Act to Secure Attendance of Witnesses from Without State?
5. Did the trial court err in excluding the county coroner's report of death from evidence?
6. Did the prosecutor's remarks in closing argument about the lack of evidence of any product malfunction improperly shift the burden of proof to defendant?
7. In sentencing, did the district court properly classify Hobbs based on his criminal history?
On June 5, 2000, Brad Hewitt and Jathan Stevenson went to a concert at Sandstone Amphitheater in Bonner Springs, Kansas. Brad was driving a red Camaro. Defendant Patrick Hobbs also went to that concert. He was driving a black Ford Explorer.
After the concert, traffic on Highway 7 was extremely heavy and barely moving. Witnesses who were stuck in the traffic saw a Ford Explorer, which was driving on the right shoulder of the road, swerve from the shoulder onto the roadway. One witness described the occurrence as the Explorer attempting to cut back into the lane of traffic. Another said that the Explorer veered over from the unobstructed shoulder onto the road.
Witnesses' estimates of the speed the Explorer was traveling on the shoulder ranged from "pretty fast" and "fairly fast" to "cruising," compared to the stop-and-go roadway traffic, to " nywhere from 55 to 60 miles an hour" to " t looked like it had to be going at least 80 miles an hour." When the Explorer veered onto the roadway, it hit a red Camaro. One witness said that the Explorer " ust drove right over the top of this little red car," and another testified that the Explorer "ramped up over" the car it hit. Several witnesses testified that the Explorer became "airborne." Before coming to rest on its side, the Explorer also hit a Ford Thunderbird and a white Jeep.
Brad Hewitt was hospitalized with serious injuries. The driver of the Thunderbird was injured and taken by ambulance to a hospital. Jathan Stevenson died from multiple crush injuries received in the automobile collision.
The Explorer came to rest on its driver's side. Two people who had been in the Jeep helped Hobbs crawl out of the passenger side door of the Explorer. Hobbs was wearing khaki trousers; he was not wearing a shirt. Shortly after emerging from the Explorer, Hobbs tried to get back into it but he was warned away on account of leaking gasoline.
In the early morning hours of June 6, 2000, a young man wearing only khaki pants approached the service desk at a motel in Bonner Springs. He gave his name as Hobbs and asked to use the house telephone to page someone so that he could get a ride. He was scraped, cut in several places, and bleeding and said that he had been ejected from Sandstone for fighting. When the motel clerk suggested calling the police, Hobbs left. The
Page 1 2 3 4 5 6 7 8 9 Kansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|