United States v. Fleming
United States Court of Appeals for the Fourth Circuit
739 F.2d 945 (1984)
David Earl Fleming (defendant), drunk and driving between 70 and 100 miles per hour on a parkway, repeatedly steered into oncoming traffic to avoid congestion before losing control on a sharp curve and sliding into oncoming traffic, killing driver Margaret Jacobsen Haley. He was convicted of second-degree murder and appealed, arguing his conduct at most amounted to the lesser offense of manslaughter because he lacked the malice needed for a murder conviction.
Whether a murder conviction requires malice aforethought, which may be established by evidence of conduct that is reckless and wanton and a gross deviation from a reasonable standard of care, warranting an inference that the defendant was aware of a serious risk of death or serious bodily harm.