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In two weeks, we will start trial on a Manslaughter – Recklessness; Criminally Negligent Homicide case involving (and charged) with Deadly weapon – motor Vehicle. Pickup driver, pulling gooseneck trailer full of drill pipe, fails to heed "Stop ahead" warning, fails to control speed, failed to keep a lookout, and runs a stop sign causing collision with transport truck and causes the death of truck passenger. Pickup driver (Defendant) had and was engaging in an 8 minute cell phone call to his wife with dual air bud blue tooth unit (sits on shoulders with dual buds into ears). "I did not see stop sign"

I would be grateful for any and all Voire Dire Questions sets, outlines, notes that I might use when we start trial and pick jury on June 15. We are in small rural County, , middle of oil patch, everyone uses cell phones, lots of truck drivers, pipe haulers, etc. Defendant is a nonresident of County. Deceased/Victim was resident of County.

General concern and interest as to Voire dire will be how to handle cell phone issue since I expect only defense will be "there but by the grace of God go I" – don't convict him because we all do it (nullification).

In advance, thank for any and all help, comments, suggestions.

Best to each and all.

Bill Helwig
Yoakum County Criminal Dist. Atty.
bhelwig@yoakumcounty.org
 
Posts: 22 | Location: Plains, Texas, USA | Registered: March 07, 2011Reply With QuoteReport This Post
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