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Curry v. United States3/14/2002
nt, that is, that he was on notice that his driving patterns and/or his operation of an unsafe vehicle created a substantial danger to others.
You may not consider this evidence for any other purpose except as I specifically instruct you. You may not consider this evidence to conclude that the defendant has a bad character, or that the defendant has a criminal personality. The law does not allow you to convict a defendant simply because you believe he may have done bad things not specifically charged as crimes in this case. Specifically, you may not consider this evidence in deciding whether the government has proved that, on the day of the murder charged, the defendant's truck was travelling in excess of the speed limit, the defendant ran a red light, or that the defendant knew he was driving with faulty brakes.
You may only consider the evidence of the defendant's prior driving convictions and July, 1997, collision for the limited purpose of showing whether, on August 12, 1997, the defendant was aware of the risks of his conduct and that his actions were not due to accident or mistake.
We observe the indictment was for second-degree murder. It appears that the jurors were able to weigh all of the evidence, deliberate on the charges, apply the limiting instructions, and ultimately reach a verdict. They were not convinced beyond a reasonable doubt that defendant knew of the risk to others inherent in the driving of his truck, but found instead that he should have known of that risk (sufficient for proving involuntary manslaughter). The fact that the jurors had a choice and chose a lesser offense militates against a conclusion that there was any unfair or prejudicial rush to judgment by the jury.
Ultimately, after weighing the pertinent evidentiary considerations in this instance the trial judge concluded the probative value of the contested evidence was not substantially outweighed by undue prejudice. We perceive no abuse of discretion by the trial judge on this issue. Accordingly, the judgment on appeal is affirmed.
So ordered.
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