Professional Documents
Culture Documents
Closing Presentation (State v. Carroll)
Closing Presentation (State v. Carroll)
WHAT IS EVIDENCE?
Testimony received from the witnesses under oath;
Stipulations made by the attorneys; and,
Exhibits admitted into evidence during the trial.
4.1
Driving
4.2
4.3
A Vessel
4.4
On a public waterway
4.5
DEATH OF A HUMAN
MANSLAUGHTER ELEMENTS
Medical Examiners
Testimony and Report
detailing the death of
Monte Price, a human.
Photographs of Monte
Prices dead body in
evidence.
Proof beyond a
reasonable doubt of
death of a human.
STATES EXHIBIT 83
MANSLAUGHTER ELEMENTS
DEFINITIONS
DIRECT RESULT
Immediate consequence which is not separated from its initial cause by other,
independent factors.
IN THE COMMISSION OF A MISDEMEANOR
Performing any act which is an inseparable part of a crime or necessary for its
completion, or fleeing from the immediate scene of the offense.
MANSLAUGHTER ELEMENTS
07/29.
MANSLAUGHTER ELEMENTS
Driving
4.2
4.3
A Vessel
4.4
On a public waterway
4.5
MANSLAUGHTER ELEMENTS
WHO WAS DRIVING THE BOAT?
MANSLAUGHTER ELEMENTS
INSTRUCTION NO. __
From all the facts and circumstances appearing in evidence and coming to your
observation during the trial, aided by the knowledge which you each possess in
common with other persons, you will reach your conclusions.
MANSLAUGHTER ELEMENTS
DRIVING
IMPORTANT INSTRUCTIONS WITH REGARD TO PROVING THE DEFENDANT WAS
DRIVING THE BOAT BEYOND A REASONABLE DOUBT:
REMEMBER
You are permitted to draw such reasonable inferences from the testimony and
exhibits as you feel are justified when considered with the aid of the knowledge
which you each possess in common with other persons.
You may make deductions and reach conclusions which reason and common sense
lead you to draw from the fact which you find to have been established by the
testimony and evidence in the case.
DRIVING
MANSLAUGHTER ELEMENTS
HOW THE STATE WILL PROVE THE DEFENDANT WAS DRIVING THE BOAT BEYOND A
REASONABLE DOUBT:
Corroborated
eyewitness
testimony
Defendants
statements and
actions
Commonsense
expert testimony
Defendant
driving
MANSLAUGHTER ELEMENTS
THE DEFENDANTS STATEMENTS AND ACTIONS THAT MAKE HIM THE DRIVER
ROGER SHANE CARROLL
July 29, 2012 in the boat to Brooks Carroll overheard by John Allen
Why are you doing this to me? Im a principal at Jay schools. I have a family.
I wasnt driving, Monte was. in response to a Mr. Carlsons question asking where the
Defendant was sitting.
CREDIBILITY:
Interest; relation; bias/prejudice; candor; ability to remember and relate past occurrences; means of observation and opportunity to know.
MANSLAUGHTER ELEMENTS
THE DEFENDANTS STATEMENTS AND ACTIONS THAT MAKE HIM THE DRIVER
ROGER SHANE CARROLL
When Mr. McCaslin tried to put an IV while administering on-scene trauma care, the
Defendant said, slow down, give me a minute. Defendant then advised him he didnt
need an IV and that he wanted to talk to his lawyer before they drew blood.
We were only out to have a good time and look what happens.
Told Ms. Reid that he only drank beer and that he had three (3) 3.2 beers, no, I had
Missouri beer. We went to Missouri to get 5-point beer. I dont know how much I drank.
CREDIBILITY:
Interest; relation; bias/prejudice; candor; ability to remember and relate past occurrences; means of observation and opportunity to know.
MANSLAUGHTER ELEMENTS
THE DEFENDANTS STATEMENTS AND ACTIONS THAT MAKE HIM THE DRIVER
ROGER SHANE CARROLL
I just didnt see it, and Chloe will never have to worry about anything.
Prior to and right up to, you know, the, the, incident, or the, the, accident, that, um, I
was, um, you know, there by, the helm with the driver.
CREDIBILITY:
Interest; relation; bias/prejudice; candor; ability to remember and relate past occurrences; means of observation and opportunity to know.
MANSLAUGHTER ELEMENTS
THE DEFENDANTS STATEMENTS AND ACTIONS THAT MAKE HIM THE DRIVER
Be sure
to tell
them
Monte
was
driving
I just
didnt see
it
CIRCUMSTANTIAL EVIDENCE:
Why are
you doing
this to
me? Im a
principal
I have a
family
Chloe will
never
have to
worry
about
anything.
I wasnt
driving,
Monte
was
I was
um, you
know
there by
the helm,
with the
driver
Whoa,
slow
down.
Give me a
minute;.
lawyer
Agreed
that if
hes
found
guilty, he
will
resign
No blood
draw?
Start the
IV.
We were
only out
to have a
good time
and look
what
happens
Three 3.2
beer; no I
had MO
beer; we
went to
MO to get
5pt beer.
REASONABLE INFERENCE
THAT THE DEFENDANT
WAS THE DRIVER OF THE
BOAT
Is the proof of facts or circumstances which gives rise to a reasonable inference of other connected facts that tend to show the
guilt or innocence of a Defendant. It is proof of a chain of facts and circumstances that indicates either guilt or innocence.
MANSLAUGHTER ELEMENTS
MANSLAUGHTER ELEMENTS
MANSLAUGHTER ELEMENTS
Eyewitness
testimony
BY ITSELF =
Defendants actions
and statements
BY ITSELF =
Common sense
expert testimony
BY ITSELF =
Defendant driving
beyond a reasonable
doubt
MANSLAUGHTER ELEMENTS
DEFINITIONS
WHILE UNDER THE INFLUENCE OF ALCOHOL
Condition in which alcohol has so far affected the nervous system, brain, or muscles
of the driver as to hinder, to an appreciable degree, his ability to operate a vessel in a
manner that an ordinary prudent and cautious person, if in full possession of his/her
faculties, using reasonable care, would operate or drive under like conditions.
MANSLAUGHTER ELEMENTS
MANSLAUGHTER ELEMENTS
- LAWYER?
-
-
-
-
MANSLAUGHTER ELEMENTS
VESSEL
MANSLAUGHTER ELEMENTS
PROOF BEYOND A REASONABLE DOUBT THAT THE TAHOE WAS A VESSEL:
The Tahoe was a vessel.
Tahoe was operable until the wreck event as proven through the testimony.
Tyler Brown observed the vessel to be working earlier that night.
The engine was running after the wreck event.
PUBLIC WATERWAY
MANSLAUGHTER ELEMENTS
Private vessels
not on private
waters
Public waterway
MANSLAUGHTER ELEMENTS
MANSLAUGHTER ELEMENTS
COMPLETELY DISREGARD
100%
COMPLETELY DISREGARD
THE TESTIMONY OF GUY WHO ACTUALLY TESTED IT
1,000,000,000,000,000,000
COMPLETELY DISREGARD
100%
I WAS NOT DRIVING THAT BOAT. I DID NOT DRIVE THAT BOAT ALL
THAT ENTIRE EVENING.
THE TRUTH