Lawwly

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.

Unlock the full brief

Free accounts read 20 full briefs. No card required.