State v. Shaw
281 P.3d 576
Kan. Ct. App.2012Background
- Shaw was convicted of involuntary manslaughter while driving under the influence (DUI) of alcohol.
- The prosecution alleged three alternative means: the act occurred in the commission of DUI, in an attempt to commit DUI, or in flight from a DUI.
- The jury was instructed on these alternative means; Shaw did not object to the second element but later challenged the instruction as error.
- Shaw had a BAC of .11 and admitted drinking; the State presented various witnesses linking DUI to the collision.
- On appeal, the court found flight from a DUI unsupported by substantial evidence and reversed the conviction, remanding for a new trial on the remaining supported means.
- The court left open the possibility of retrial on only the means supported by the first trial evidence (the commission of DUI).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary manslaughter while DUI is an alternative means crime | Shaw | State | Yes; it's an alternative means offense under the statute. |
| Whether substantial evidence supported each alternative means | Shaw argues insufficient evidence for flight from DUI | State | Flight from DUI lacked substantial evidence; other means supported. |
| Appropriate remedy for alternative means error | Shaw | State | Reverse and remand for retry on only the supported means (commission of DUI). |
Key Cases Cited
- State v. Wright, 290 Kan. 194 (2010) (unanimity as to guilt but not as to means; substantial evidence for each alternative means)
- State v. Timley, 255 Kan. 286 (1994) (defined alternative means concept; timeliness of analysis)
- State v. Perkins, 46 Kan. App. 2d 121 (2011) (DUI operates as its own form of attempt; evidence sufficiency for alternatives)
- State v. Schreiner, 46 Kan. App. 2d 778 (2011) (defines what constitutes alternative means crimes)
- State v. Waldrup, 46 Kan. App. 2d 656 (2011) (alternative means challenge can be raised on appeal)
- State v. Rogers, 282 Kan. 218 (2006) (definition of flight from a crime)
- State v. Crane, 260 Kan. 208 (1996) (example of alternative means analysis in complex charges)