Printable Format

Previous | Next

Law Review and Bar Journal References:

"2004 Legislative Wrap Up," James W. Clark, 73 J.K.B.A. No. 7, 12 (2004).

CASE ANNOTATIONS

1. Crime of involuntary manslaughter while driving under the influence is an absolute liability crime which does not require criminal intent. State v. Creamer, 26 Kan. App. 2d 914, 916, 996 P.2d 339 (2000).

2. Charges of involuntary manslaughter while driving under the influence of alcohol and driving under the influence of alcohol are multiplicitous. State v. Brown, 34 Kan. App. 2d 746, 127 P.3d 257 (2005).

3. Strict liability crime, but evidence must show defendant's acts caused victim's death. State v. Collins, 36 Kan. App. 2d 367, 372, 138 P.3d 793 (2006).

4. Cited in involuntary manslaughter while driving under the influence of alcohol; instruction on intervening cause discussed. State v. Bale, 39 Kan. App. 2d 655, 659, 182 P.3d 1280 (2008).

5. Involuntary manslaughter while driving under the influence is an alternative means crime. State v. Shaw, 47 Kan. App. 2d 994, 281 P.3d 576 (2012).

6. Statute's identification of three factual circumstances does not create an alternative means of committing involuntary manslaughter while driving under the influence. State v. Brammer, 301 Kan. 333, 341, 343 P.3d 75 (2015).

7. Involuntary manslaughter while driving under the influence not a more specific crime than felony murder. State v. Hudgins, 301 Kan. 629, 652-53, 346 P.3d 1062 (2015).