State v. Weaving
125 Conn. App. 41
| Conn. App. Ct. | 2010Background
- Defendant Weaving drove around 80 mph in fog on Route 69, a two-lane residential road, in a failed passing maneuver.
- He crossed into the northbound lane and struck a cyclist standing near the center of the lane with no headlamp or light.
- The bicycle and vehicle damage, along with victim injuries, supported the theory that the speed was excessive; the boy died from the injuries.
- Defendant was charged with manslaughter in the first degree and manslaughter in the second degree; he was convicted of the latter.
- The trial included competing speed-related expert testimony: a prosecution accident-reconstruction expert and defense psychologist on reaction time.
- On appeal, defendant challenges prosecutorial impropriety, a jury instruction on the duty to assume others will obey the law, and the absence of a headlamp issue in recklessness analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial impropriety in closing | Prosecutor reasonably inferred recklessness from evidence like injuries and damage. | Prosecutor invited speculation beyond the evidence about defendant's speed. | No improper conduct; arguments were grounded in evidence and reasonable inferences. |
| Instruction on road-user expectation and recklessness | The defense asked to tell jurors they could assume others would obey the law; this was central to recklessness. | Court should have given a reasonable-assumptions instruction about others obeying traffic rules. | Campbell governs; no error in refusing the requested instruction; proper recklessness instruction given. |
| Headlamp absence and recklessness/intervening causation | Evidence of no headlamp could be argued as part of perception/reaction in recklessness. | Defense should be allowed to argue lack of headlamp on victim affected perception and causation. | Court properly limited headlamp argument as it concerned intervening causation and did not require inclusion in recklessness instruction. |
Key Cases Cited
- State v. Gould, 290 Conn. 70 (2009) (two-step analysis for prosecutorial impropriety and due process; Williams factors)
- State v. Campbell, 82 Conn. 671 (1910) (jury decides reasonable assumptions; no strict legal rule requiring such instructions)
- State v. Munoz, 233 Conn. 106 (1995) (victim's negligence not a defense to culpable mental state; causation considerations)
- State v. Lizzi, 199 Conn. 462 (1986) (prosecutor may invite reasonable inferences from evidence)
- State v. Ceballos, 266 Conn. 364 (2003) (limits on a prosecutor inviting speculation beyond evidence)
