Navajo Nation v. Kelly

OPINION

This case concerns the conviction and sentencing of Appellant James Kelly (Kelly) for two crimes, reckless driving and homicide by vehicle (based upon the reckless driving). The Court affirms in part and vacates in part the judgment of the Shiprock District Court (District Court).

I

These facts are from the District Court’s judgment. Kelly was in a two vehicle accident near Shiprock on Highway 64 in an area known as “Red Wash,” approximately fifteen miles west of Shiprock. Kelly, on his way home from work, was driving west at that area. Highway 64, a two-lane road, slopes westward up a…