The appellant appealed his conviction for criminal negligence causing death and sought leave to appeal a three-year penitentiary sentence with an eight-year driving prohibition arising from a fatal dirt bike collision.
The principal trial issue was the identity of the driver.
The court rejected challenges to habit evidence, expert reconstruction evidence, demonstration evidence, and hearsay use during cross-examination, holding that any concerns were adequately addressed by the trial judge’s charge and that no prejudice was shown.
The court also rejected the unreasonable verdict argument.
Leave to appeal sentence was granted, but the sentence appeal was dismissed as no error in principle was established and the sentence was fit.
