McKay v. State

I. Nature of the Case

W. JONES, Justice.

Shane McKay, the appellant, was convicted of vehicular manslaughter for striking and killing a motorcyclist while driving under the influence of alcohol. At trial, the jury instructions omitted an element requiring the state to prove that McKay’s intoxication was a significant cause of the death. McKay seeks review of the district court’s summary dismissal of his application for post-conviction relief. He alleges ineffective assistance of both trial and appellate counsel for failing to raise the omitted-element instructional issue.

II. Factual and…