(Download) "State v. Al-Naseer" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Al-Naseer
- Author : Supreme Court of Montana
- Release Date : January 20, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
On June 16, 2002, the car driven by appellant, Mohammed Al-Naseer, struck and killed Kane Thomson while Thomson was changing a flat tire on the side of Highway 10 near Glyndon, Minnesota. As a result of Thomsons death, Al-Naseer was charged with and convicted of two counts of criminal vehicular homicide, one for gross negligence under Minn. Stat. ร§ 609.21, subd. 1(1) (2004), and the other for leaving the scene of an accident under Minn. Stat. ร§ 609.21, subd. 1(7) (2004). Al-Naseer was sentenced to 48 months in prison and ordered to pay restitution. The court of appeals reversed Al-Naseers conviction for criminal vehicular homicide - leaving the scene of an accident, but affirmed the gross negligence conviction. In affirming, the court of appeals concluded, among other things, that the erroneous admission at trial of a videotaped interview Al-Naseer had given to the police the night of Thomsons death was harmless error and that the trial courts failure to instruct the jury on the lesser-included offense of careless driving was not error. Having granted limited review, we reverse and remand for a new trial.