Williams v. State

I dissent and would reverse the judgment of the trial court because there is insufficient evidence to support either defendant’s conviction of criminal recklessness or leaving the scene of an accident.

First, there is insufficient evidence that defendant recklessly operated his vehicle. The majority, in its construction of the recklessness requirement of IC 35-42-2-2(b) holds that intoxication is sufficient, in and of itself, to prove recklessness. Our courts have long held, however, that proof of recklessness, a conscious disregard for the safety of others, requires evidence of driving in a…