State v. Carman

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State v. Carman

Case Number
Call Date
October 1, 2015
Court Number
Case Summary

S-15-0167 State v. Lyle Carman (Appellant)

Lancaster County, Judge Paul D. Merritt

Attorneys: Nathan A. Liss (Attorney General's Office) --- Robert B. Creager (Anderson Creager & Wittstruck PC LLO) (Appellant)

Criminal: Manslaughter

Proceedings below: After a trial to the court, the district court found Appellant guilty of manslaughter and sentenced him to a term of probation.

Issues: 1) The trial court erred in not dismissing the Manslaughter charge based upon the evidence adduced at trial and the law applicable to the adjudicated facts. 2) The trial court erred in finding the evidence sufficient to convict the Defendant of unlawful act manslaughter. 3) The trial court erred in finding that traffic infractions can support a conviction for unlawful act manslaughter. 4) The trial court erred in failing to find that the use of traffic infractions to support a felony manslaughter conviction violated Carman's right to Due Process of Law, as applied in violation of the principle of Morissette v. United States, 342 U.S. 246 (1952).