 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Klinger v. States4/12/2002
was reasonably foreseeable that Lester's conduct would result in a collision and death." Id. at 1152.
Although not controlling, we note that the Supreme Court of Indiana has considered the issue of criminal liability where the victim refuses to accept a blood transfusion for religious reasons. See Ford v. State, 521 N.E.2d 1309 (Ind. 1988). In Ford, the victim of a robbery died due to blood loss from a gunshot wound inflicted by the defendant.
The Indiana Supreme Court rejected Ford's claim that because the victim, a Jehovah's Witness, refused a blood transfusion, his refusal should act as an intervening cause absolving Ford from criminal liability. The Ford court held that " ne who inflicts an injury on another is deemed by the law to be guilty of homicide if the injury contributes . . . immediately to the death of the victim. The fact that other causes contribute to the death does not relieve the actor from responsibility." Id. at 1310.
Similarly, in the present case Klinger's actions caused life- threatening injuries to Mr. Branco. The fact that Mr. Branco refused a blood transfusion which might have saved his life does not absolve Klinger from criminal liability. Accordingly, we affirm Klinger's convictions for DUI manslaughter and tampering with evidence.
Affirmed.
BLUE, C.J., and SALCINES, J., Concur.
|