Emily Head
CRJU 314
Koppersmith v. Alabama
742 So. 2d 206 (Ala. 1999)
Concurrences: Judge Long, Judge McMillan, and Judge Fry
Dissents: N/A
Facts:
Koppersmith and his wife Cindy were fighting in their front yard when Cindy tried to go inside. As she tried to enter the house Koppersmith stopped her and a physical dispute ensued. Cindy fell off the porch and into the yard. She died from a skull fractures to the back of her head.
In Koppersmith’s statement he told police that him and Cindy were arguing on their front porch when she tried to go inside. Koppersmith tried to stop her by pushing her back. In return she punched him. He grabbed her, wrapping his arms around her, and she bit him. He slung her to the ground then jumped
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Koppersmith’s testimony of his actions portrayed a picture of unintentional events. The judge referred to the Woods case, “ there was some evidence that the appellant failed to perceive the risk that the victim might die as a result of his actions.” Because there was evidence that gave a reasonable theory that would have supported the jury receiving instructions on criminally negligent homicide, there was error in the trial court not giving the jury the instructions. Therefore the judgment was reversed and the case was remanded for a new trial.
Case Significance:
The court deciphering between criminal negligence and recklessness. Criminal negligence being a person failing to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
When a defendant is accused of greater offenses, he has the right to have the court charge on lesser offenses included in the indictment, when there is a reasonable theory from the evidence that supports the defendant’s theory.
Concurrences: N/A
Dissents: N/A
Comments:
I do not agree with the trial court denying Koppersmith a jury instructed on
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The following information is provided for adjustments prior to closing the books. Lopez and Knepp ask you to enter the adjustments into the spreadsheet, in the two columns to the right of the unadjusted trial balance. (CM2 uses a perpetual inventory system.)
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