State v. Tvrdy
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In this case, Patrick Tvrdy was convicted of manslaughter and sentenced to 12 to 16 years' imprisonment following a vehicle-motorcycle collision that resulted in the death of the motorcycle driver, Brady Sweetser. Tvrdy appealed on three grounds: that the district court used erroneous jury instructions relating to motor vehicle homicide instead of manslaughter, that the evidence was insufficient to support his conviction, and that the sentence imposed was excessive.
The Nebraska Supreme Court affirmed the district court's decision. The court found that the jury instructions correctly stated the law and were not misleading. The court noted that the law in Nebraska does not consider a victim's negligence as a defense to manslaughter unless that negligence is the sole proximate cause of the death. This principle was correctly reflected in the jury instructions.
Regarding the sufficiency of the evidence, the court found that there was enough evidence to support Tvrdy's conviction. The court emphasized that an appellate court does not resolve conflicts in the evidence, pass on the credibility of witnesses, or reweigh the evidence. The court found that there was sufficient evidence of Tvrdy's intoxication and that there was never enough time for Tvrdy to complete his left turn without causing Sweetser, who had the right of way, to collide with him.
As to the sentence, the court found no abuse of discretion by the district court. Tvrdy's sentence was within the statutory limits for his offense, and the court noted his criminal history of multiple speeding and possession of marijuana offenses, as well as a driving under the influence offense.
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