United States v. Schmidt
United States Court of Appeals for the Eighth Circuit
626 F.2d 616 (1980)
Clarence Schmidt (defendant), while intoxicated and speeding, ran a stop sign and crashed into and killed Mark Van Heeder, and the evidence showed Schmidt knew his brakes were defective and ignored a passenger's warning to apply his emergency brake just before the collision. The jury convicted Schmidt of involuntary manslaughter, and he appealed, arguing the evidence showed only ordinary negligence rather than the gross negligence the offense requires.
Whether evidence that a defendant drove drunk and speeding with known defective brakes, ran a stop sign, and ignored a warning of an approaching car establishes the gross negligence required for an involuntary manslaughter conviction, rather than mere ordinary negligence.