Kibbe v. Henderson
United States Court of Appeals for the Second Circuit
534 F.2d 493 (1976)
Kibbe and Krall (defendants) robbed an intoxicated Stafford and abandoned him, partially undressed, on the shoulder of a dark, snowy rural highway; a passing car driven by Blake struck and killed him. Convicted of second-degree murder without any jury instruction on causation or intervening causes (an omission defense counsel never objected to), the defendants' convictions were affirmed on direct appeal; Kibbe's federal habeas petition was denied by the district court, and he appealed.
Whether a trial court errs in failing to instruct the jury on causation and intervening or supervening causes if there is sufficient evidence presented at trial that a defendant's actions were not a direct cause of the death of another.