State v. Huser
Kansas Supreme Court
959 P.2d 908 (1998)
- Written by Rich Walter, JD
Facts
Dalene Huser (defendant) injured two pedestrians in a late-night car accident. Kansas prosecuted Huser for drunk driving and reckless aggravated battery. Kansas law defined as “reckless” any acts performed despite the realization that those acts threatened others with imminent harm. At the preliminary hearing, the state was unable to produce any evidence of Huser’s drunk driving. Based on a 1983 case in which the state supreme court defined drunk driving and reckless driving as two distinct offenses, the trial court refused to infer recklessness from Huser’s possible intoxication and dismissed the aggravated-battery charges. The state appealed to the Kansas Supreme Court. The state pointed out that the 1983 case was decided under an old “vehicular battery” statute applicable to either reckless or drunk driving—not both. The legislature repealed that statute in 1993 and simultaneously expanded the existing aggravated-battery statute to encompass intentional acts as well as reckless acts. The state argued that, by so doing, the legislature intended to bring both reckless and drunk driving within the scope of aggravated battery.
Rule of Law
Issue
Holding and Reasoning (Abbott, J.)
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