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[DOWNLOAD] "State v. Garrigan" by Supreme Court of Wyoming # Book PDF Kindle ePub Free

State v. Garrigan

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eBook details

  • Title: State v. Garrigan
  • Author : Supreme Court of Wyoming
  • Release Date : January 23, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

1. Scott Garrigan appeals a judgment convicting him of killing Leanne Peetz and injuring Karri Spice in a drunk driving accident. Garrigan offered the affirmative defense created by Wis. Stat. § 940.09(2), that Peetzs death would have occurred even if Garrigan had exercised due care and had not been intoxicated. Garrigan argues that (1) the trial court improperly exercised its discretion and violated his constitutional right to present a defense by excluding evidence that Peetz violated several statutes by driving a moped at night without wearing a helmet, with a passenger and after having consumed alcohol; (2) his trial counsel was ineffective for failing to argue the evidentiary issues in terms of his constitutional right to present a defense and for conceding that Peetz was not required to wear a helmet; (3) the trial court should have instructed the jury regarding Peetzs failure to exercise due care; and (4) he is entitled to a new trial in the interest of justice because the true controversy was not fully tried. We reject these arguments and affirm the judgment of conviction and the order denying post-conviction relief.


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