Monday, February 11, 2013
The New Hampshire Supreme Court has affirmed a conviction for negligent homicide committed by a driver who struck a pedestrian.
The defendant failed to yield to the pedestrian in a marked crosswalk.
The court rejected the argument that "using a cellular telephone while driving does not constitute the requisite wrongful or blameworthy conduct to establish the culpable mental state for criminal negligence..."
Rather, the court concluded that the evidence establishing carelessness was sufficient to sustain the conviction.
The court also rejected the suggestion that court had committed error by admitting the defendant's cell phone records for the period of over one-half hour prior to the impact.
The Boston Glode reported that the Supreme Court argument was held at a high school. (Mike Frisch)