Lawwly

State ex rel. Thomas v. Duncan

Court of Appeals of Arizona

165 P.3d 238 (2007)

Relevant factsFree

William Reagan (defendant), claiming he fled a road-rage pursuit that made him fear for his life, drove at high speed, ran a red light, and fatally collided with a third party's vehicle; charged with manslaughter, Reagan sought to introduce evidence of the chase to negate the mens rea element of recklessness, and the trial court permitted this despite the state's objection that justification defenses like necessity were statutorily unavailable for reckless killings of innocent third parties under Arizona law. The state brought a special action seeking to reverse that evidentiary ruling.

IssueFree

Whether, to satisfy the mens rea for recklessness, the defendant must be aware of a substantial and unjustifiable risk and consciously disregard that risk.

Unlock the full brief

Free accounts read 20 full briefs. No card required.