Brown v. State

In this case, the offense occurred in 1989. The prosecution introduced evidence that the appellant had been convicted for DUI in 1978 and 1987. On this appeal from a conviction of criminally negligent homicide, the majority, in an unpublished memorandum opinion, holds that a prior 1978 DUI conviction was not “too remote” to prove that the appellant exhibited an extreme indifference to human life, even though the prior offense occurred 11 years before the charged offense. I would hold that in a prosecution for reckless murder involving the operation of a vehicle while under the influence of…