State v. Claerhout
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The Supreme Court affirmed the judgment of the Court of Appeals affirming the judgment of the district court convicting Defendant of reckless driving and second-degree murder for unintentional but reckless homicide, holding that no error infected the district court's rulings on the three issues that Defendant raised in his petition for review.
Specifically, the Court held (1) a prior diversion agreement Defendant entered into subsequent to an arrest for driving while intoxicated was properly introduced into evidence in order to prove recklessness; (2) the district court did not abuse its discretion in admitting expert testimony about the relative speeds of the two vehicles at the time of the collision; and (3) the district court did not err in refusing Defendant's requested voluntary intoxication instruction.
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