No. 19-6344
Tags: burden-of-proof constitutional-rights criminal-procedure due-process negligence reckless-driving vehicular-homicide
Latest Conference:
2019-12-06
Question Presented (from Petition)
Whether – in a case involving the charge of vehicular homicide – the Due Process Clause of the United States Constitution requires the prosecution to prove beyond a reasonable doubt that the driver, in an intentional, knowing and purposeful manner, was driving at the time of the incident in a manner demonstrating a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property (i.e., reckless driving) – as opposed to mere negligent or careless driving.
Question Presented (AI Summary)
Whether the Due Process Clause requires the prosecution to prove beyond a reasonable doubt that the driver was driving recklessly
Docket Entries
2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-06
Waiver of right of respondent State of Florida to respond filed.
2019-10-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)
Attorneys
Spencer Altschuler
Michael Robert Ufferman — Michael Ufferman Law Firm, P.A., Petitioner
State of Florida
Wesley Heidt — Respondent