283 P.3d 311
Okla. Crim. App.2012Background
- Haworth charged with First Degree Manslaughter in the commission of a misdemeanor (21 O.S. 2001, § 711(1)).
- On April 21, 2011, Haworth moved to demur/quash; magistrate denied; bound over for trial.
- On August 16, 2011, district court sustained the demurrer/quash; State appealed timely.
- Issue concerns whether First Degree Manslaughter can be predicated by any misdemeanor and whether evidence supports causation.
- Court held district court erred; reversed and remanded for further proceedings consistent with the opinion.
- Legislative discretion in charging remains; does not bar multiple statutes addressing similar conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in quashing for insufficiency of evidence | Haworth | Haworth | Yes; quash reversed |
| Whether any misdemeanor can predicate First Degree Manslaughter | State | Haworth | Yes; any misdemeanor can predicate if causally related |
| Whether Negligent Homicide precludes manslaughter predicate | State | Haworth | No; not dispositive; prosecutor discretion allowed |
| Role of prosecutorial charging discretion | State | Haworth | Court: discretion permissible; not to eliminate discretion |
Key Cases Cited
- Ceasar v. State, 237 P.3d 792 (2010 OK CR 15) (First Degree Misdemeanor Manslaughter predicated on any misdemeanor)
- Short v. State, 560 P.2d 219 (1977 OK CR 44) (limits on using reckless driving as predicate)
- Ritchie v. Raines, 374 P.2d 772 (1962 OK CR 101) (allowed manslaughter where DUI did not require recklessness)
- Hopkins v. State, 506 P.2d 580 (1973 OK CR 40) (Negligent Homicide could be a lesser offense; no bar to manslaughter charge)
- A.L.G. v. State, 736 P.2d 521 (1987 OK CR 69) (distinguishes charges when predicates differ)
- Bell v. State, 172 P.3d 623 (2007 OK CR 43) (Driving While Impaired as predicate for Misdemeanor Manslaughter)
- Atchley v. State, 473 P.2d 286 (1970 OK CR 76) (Negligent Homicide precluded by related offenses; earlier view)
- Batchelder v. United States, 442 U.S. 114 (1979) (prosecutor discretion to choose statutes overlapping conduct)