Vehicular homicide conviction reversed

Jeff Elder won in State v. Carlson, No. 93,608 (Kan. App. Sept. 29, 2006)(unpublished), reversing a Pottawatomie County vehicular homicide conviction. The COA applied State v. Krovvidi, where the KSC held that before the state can support a vehicular homicide conviction, it must show more than just a traffic violation that led to an accident. In Carlson, the defendant did not see two warning signs regarding an approaching controlled intersection, ran a red light, and hit another car in the intersection killing the driver. The COA held that, under Krovvidi, the conviction must be reversed for insufficiency.

[Update: the state did not filed a petition for review and the mandate issued on November 7, 2006]