State v. Caibaiosai
Wisconsin Supreme Court
363 N.W.2d 574 (1985)
- Written by Rose VanHofwegen, JD
Facts
Gary Caibaiosai (defendant) had been drinking when he crashed his motorcycle. Caibaiosai survived, but his passenger, Janet Tunkieicz, died instantly. Two hours later, Caibaiosai’s blood-alcohol content still registered 0.13 percent. He was charged under a Wisconsin statute that makes operating a vehicle while intoxicated a felony homicide if someone dies as a result, even if the operator’s intoxication did not cause the death. The trial judge instructed that the jury need only find that Caibaiosai’s operation of the motorcycle was a substantial factor in Tunkieicz’s death. The judge specified, “It is not required that the death was caused by any drinking of alcohol or by any negligent or improper operation of the vehicle. What is required is that the injury was caused by [Caibaiosai’s] operation of the vehicle.” The jury convicted. Caibaiosai appealed, challenging the statute on constitutional grounds.
Rule of Law
Issue
Holding and Reasoning (Steinmetz, J.)
Dissent (Abrahamson, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
