Tag: lesser included offense

Reckless Driving Causing Death is not a Lesser Offense of OWI Vehicular Homicide

A unanimous Iowa Supreme Court ruled on October 23, 2020 that homicide by reckless driving is not a lesser included offense of homicide by OWI. In State v. Johnson, the defendant argued he was entitled to a jury instruction that his reckless driving, not operating while intoxicated, was the cause of a crash that took the life of passenger in the other vehicle. To determine whether a crime is a lesser included offense, the Court uses the “impossibility” test.  Is it impossible to commit one crime without committing the other?  Does the first (greater) crime include every essential element of […]

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