Driving record admissible as evidence of malice aforethought in vehicular homicide case

EVIDENCE United States v. Leonard, No. 04-6361, ___ F.3d ___ (10th Cir. Feb. 24, 2006)(W.D. Oklahoma). Appeal of convictions for involuntary manslaughter and assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 1111(a), 1153(a), and 113(a)(6). HELD: District did not abuse discretion in admitting evidence of defendant’s driving record that included numerous citations for driving on suspended license. Evidence of citations and convictions for driving on suspended license is relevant and admissible in second degree vehicular murder case because such evidence permits jury to infer that defendant knows better than most that conduct is illegal and unsafe but that he continues to engage in that conduct in defiance of known risk. Thus, such evidence tends to show, even if only slightly, that defendant acted with malice aforethought. Read the opinion here.