Legal Opinion

State v. Morgan

Court of Appeals of Washington

Decided October 25, 2004No. 52895-5-IPublishedCited by 6 opinions

1Opinion of the CourtAgid, J.

Daniel Morgan appeals his conviction of vehicular homicide. He contends the trial court erred by instructing the jury that: (1) a vehicular homicide conviction requires a causal connection between Morgan’s driving and the death, rather than his intoxication and the death; and (2) Morgan’s driving must be “a” proximate cause of the death, rather than “the” proximate cause as alleged in the State’s charging document. But causation between intoxication and death is not an element of vehicular homicide. And while an instruction requiring the driving to be “a” proximate cause, rather than “the”…

2Cases cited31 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. State v. GreenWashington Supreme Court · 1980
  3. State v. McCullumWashington Supreme Court · 1983
  4. State v. TiliWashington Supreme Court · 1999
  5. State v. TiliWashington Supreme Court · 1999

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3Cited by6 opinions

  1. State Of Washington v. Dean ImokawaCourt of Appeals of Washington · 2018
  2. State v. ImokawaWashington Supreme Court · 2019
  3. State v. ReierCourt of Appeals of Washington · 2005
  4. Morgan v. WashingtonCourt of Appeals for the Ninth Circuit · 2006
  5. State v. ReierCourt of Appeals of Washington · 2005

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