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§ 940.10, Negligent Homicide by Operation of Vehicle — elements — objective standard for negligent conduct

State v. Derrick D. Johannes, 229 Wis. 2d 215, 598 N.W.2d 299 (Ct. App. 1999)
For Johannes: Gregory A. Petit

Holding: Johannes was convicted of several counts related to criminally negligent operation of a vehicle. The state’s theory was that Johannes crossed a centerline when he either fell asleep or played with a stereo. He now argues that the state had to prove that he knew that such conduct would cause him to cross the centerline. This, the court holds, seeks an impermissibly subjective rather than objective standard for criminal negligence. The motive cause of the conduct is, however, relevant to mitigate the offense from high degree of to simple negligence.

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