State v. Jay
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of negligent homicide and two counts of negligent endangerment. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not abuse its discretion in denying Defendant's challenge of a prospective juror for cause; (2) did not err by excluding Defendant's expert witness from testifying on complex partial seizures; (3) did not abuse its discretion by denying Defendant's request to instruct the jury on DUI as a lesser-included offense of vehicular homicide while under the influence; and (4) erred by ordering Defendant to pay $600 in restitution to the State and an undisclosed amount to the victims and their family members for mental health treatment. Accordingly, the Court vacated the $600 restitution award to the State and reversed the open-ended restitution award for the victims' mental health treatment. Remanded for entry of an amended judgment specifying the amount for such treatment.
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