State v. S. N. R.
260 Or. App. 728
| Or. Ct. App. | 2014Background
- Juvenile appeals from trial court taking jurisdiction and disposition based on acts that would be criminally negligent homicide and assault in the third degree if adult.
- Trial court relied on youth’s statements that she knew she was tired and should have pulled over, including an alleged admission.
- There was a transcription error in youth’s interview; the court fact-finder relied on an incorrect version of the statement.
- Evidence showed seven pullouts on the southbound side of Highway 101 within two minutes’ drive, and a possible left-turn escape near the crash.
- Expert testimony indicated drivers may not recognize fatigue and that drowsiness can occur quickly, affecting reaction time.
- Court conducted de novo review, limited to correcting the faulty premise from the mis-transcribed statement and reconciling evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports criminally negligent homicide and assault in the third degree. | Youth’s fatigue, known risk, and opportunity to pull over support disregard. | Record showed sleep deprivation and conscious disregard of known risk. | Insufficient evidence to prove gross deviation; reversed jurisdiction. |
| Whether de novo review is appropriate given transcription error. | Error affects crucial inference about admission. | Error immaterial since other evidence supports knowledge of fatigue. | De novo review limited; corrected statement shows insufficient evidence of conscious disregard. |
Key Cases Cited
- State v. Clark, 256 Or App 428 (Or. App. 2013) (distinguishing reckless vs criminal negligence mental states)
- Smith v. Williams, 180 Or 626 (Or. 1947) (gross negligence in falling asleep requires prior warning of sleep risk)
- Brinager v. State, 96 Or App 160 (Or. App. 1989) (prior warning needed for gross negligence in sleep context)
- State v. Lewis, 352 Or 626 (Or. 2012) (gross negligence vs mere negligence in guest passenger cases; emphasis on culpable state of mind)
- State v. M. E. (A150359), 255 Or App 296 (Or. App. 2013) (exceptional de novo review when trial findings conflict with record)