Legal Opinion
State v. McNair
Idaho Court of Appeals
Decided January 10, 2005No. 30109PublishedCited by 7 opinions
1Opinion of the Court
LANSING, Judge.
Appellant Hugh S. McNair was convicted of misdemeanor vehicular manslaughter. The issues he raises on appeal, challenging the sufficiency of the criminal complaint and the jury instructions, require that we determine whether negligence on the part of the defendant is an element of vehicular manslaughter under Idaho Code § 18-4006(3)(c). We hold that it is and therefore vacate the judgment and remand for a new trial.
I
BACKGROUND
On the evening of February 9, 2001, Hugh S. McNair was driving southbound on Highway 55 between McCall and Boise in wintry conditions. As he started to…
2Cases cited14 opinions
- State v. BowmanIdaho Court of Appeals · 1993
- State v. RobranIdaho Court of Appeals · 1991
- State v. LukeIdaho Supreme Court · 2000
- State v. CahoonIdaho Supreme Court · 1989
- State v. FetterlyIdaho Court of Appeals · 1994
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3Cited by7 opinions
- State v. OchoaIdaho Supreme Court · 2022
- Schroeder v. State, Department of TransportationIdaho Court of Appeals · 2009
- State v. HorejsIdaho Court of Appeals · 2006
- State v. MurrayIdaho Court of Appeals · 2006
- In Re SchroederIdaho Court of Appeals · 2009
2 more not listed; retrieve them via the Exa API.