116 So. 3d 992
La. Ct. App.2013Background
- James J. Kenny was convicted of vehicular homicide under La. Rev. Stat. 14:32.1 and sentenced to five years' hard labor plus a $2,000 fine.
- The incident occurred on February 24, 2009 when Kenny allegedly struck a pedestrian who was crossing Tulane Avenue; the victim died from injuries.
- There were no direct witnesses to the striking vehicle; evidence suggested the victim was dragged under Kenny's SUV after impact.
- Officer testimony indicated Kenny smelled strongly of alcohol and was nervous at the scene; BAC later tested at 0.16.
- Blood alcohol testing occurred weeks after collection; testing was not conducted within seven days as required by regulations, but the court allowed the results with limited reliance on the presumption.
- A defense accident reconstruction expert opined the accident could have occurred with the victim’s pedestrian error, while the State offered circumstantial causation evidence; the trial court convicted Kenny, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of causation evidence | Kenny argued intoxication did not cause the death. | State contends intoxication plus driving caused death. | Insufficient causation; conviction reversed |
| Causation when evidence is circumstantial | State relied on circumstantial evidence of intoxication causing the death. | Kenny contends circumstantial evidence is inadequate to prove causation beyond reasonable doubt. | Circumstantial evidence insufficient to prove causation beyond reasonable doubt |
| Admission of blood alcohol results | State asserts BAC evidence should be admitted; trial court allowed it with limitations. | Kenny argues due process and regulatory noncompliance tainted the result. | State could introduce results, but credibility limited; not relied upon for conviction |
| Notice of BAC level as element | Information allegedly failed to designate BAC >0.15% as an element. | Kenny lacked fair notice for the offense based on BAC threshold. | Bill of information insufficiently addressed BAC element; addressed by reversal |
| Sentence review | Kenny seeks sentencing conformity with statute; challenge to length/fine. | N/A or not reached due to reversal | Sentence vacated along with conviction; not guilty verdict issued |
Key Cases Cited
- State v. Kalathakis, 563 So.2d 228 (La. 1990) (causation; criminal conduct must be proximate cause of harm)
- State v. Taylor, 463 So.2d 1274 (La. 1985) (COI: intoxication must cause the accident, not merely coincide)
- State v. Hearold, 603 So.2d 731 (La. 1992) (complete evidentiary review includes admissible and inadmissible evidence)
- State v. Huckabay, 809 So.2d 1093 (La. App. 4th Cir. 2002) (sufficiency review when evidence is circumstantial)
- State v. Archer, 619 So.2d 1071 (La. App. 1st Cir. 1993) (causation and intoxication standards in vehicular offenses)