State v. Olsen

YEAR

Court: Supreme Court of Utah

Facts: Defendant was trucking soldiers around, and fell asleep at the wheel, eventually tunning over a child on the sidewalk.

Posture: Appeal from a verdict of involuntary manslaughter.

Issue: Was the evidence sufficient to show negligence? (i.e., should the charge have been dismissed, rather than being sent to the jury, because the state failed to show this element?)

Holding: Affirmed

Rule: You're not responsible for what you do when you are asleep, but you are responsible for where and ehwn you let yourself fall asleep.

Reasoning: You can't go to sleep while driving without being negligent.

Dicta: Not just one, but two concurring opinions! Just falling asleep while driving doesn't by itself overcome the presumption of innocence, or establish negligence sufficiently for the jury. Plus, this was a sleep-inducing truck.