State v. Olsen
South Dakota Supreme Court
462 N.W.2d 474 (1990)
Relevant factsFree
Michael Olsen (defendant), driving a tractor, pulled over to let a car pass, then turned left across the highway and collided with an eastbound car, killing its driver. Olsen was charged with second-degree manslaughter for reckless killing; a highway patrol trooper testified Olsen said he looked both ways but did not see the oncoming car before turning. A magistrate dismissed the complaint, finding the evidence didn't support a recklessness charge, and the State sought and was granted permission to appeal.
IssueFree
Whether a person acts in reckless disregard of a substantial risk only if he is actually aware of the substantial risk he has created.