State v. Irish

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State v. Irish

Case Number
S-15-0270
Call Date
December 2, 2015
Court Number
Madison
Case Summary

S-15-0270 State v. Bryant L. Irish

Madison County, Judge Mark A. Johnson

Attorneys: Stacy M. Foust (Attorney General's Office) --- Alan G. Stoler (Appellant)

Civil: DUI causing serious bodily injury

Proceedings below: The trial court found Appellant guilty and sentenced him to 180 days imprisonment and 5 years probation.

Issues: The district court erred in failing to strictly construe the proximate cause element of Neb. Rev. Stat. ' 60-6,198(1) which requires a 'but-for' causal analysis of proximate cause, and 2) had the district court properly analyzed the proximate cause requirement as a 'but-for' requirement, the district court could not have found Appellant guilty of violating Neb. Rev. Stat. ' 60-6,198(1) beyond a reasonable doubt.