Legal Opinion
Waterman v. State
Court of Appeals of Alaska
Decided February 6, 2015No. 2441 A-11052PublishedCited by 1 opinion
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
When a defendant is charged with criminally negligent homicide under AS 11.41.1830, one of the elements the State must prove is that the defendant failed to perceive a risk of human death that was substantial and unjustifiable-"of such a nature and degree that the failure to perceive it constitute[d] a gross deviation from the standard of care that a reasonable person would observe in the situation." See AS 11.81.900(a)(4), the statutory definition of "criminal negligence".
The question presented in this appeal is whether "the standard of care that a reasonable person…
2Cases cited17 opinions
- Roper v. SimmonsSupreme Court of the United States · 2005
- Patterson v. New YorkSupreme Court of the United States · 1977
- Schad v. ArizonaSupreme Court of the United States · 1991
- Leland v. OregonSupreme Court of the United States · 1952
- Powell v. TexasSupreme Court of the United States · 1968
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Richard Dorsey v. State of AlaskaCourt of Appeals of Alaska · 2021