State v. Brinager

I am troubled by the majority opinion because it appears to hold that separate acts of ordinary negligence by defendant occurring within two and a half miles of each other suffice to prove beyond a reasonable doubt that defendant committed criminal negligence. The trial court and the majority conclude that, although defendant was not aware that he previously had been driving over the center line, the pattern of driving observed by the Mansers when combined with the facts of the accident resulting in the victim’s death prove that he should have been aware of the risk that his driving was…