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McKAY v. STATE

No. 35789.

225 P.3d 700 (2010)

Shane McKAY, Petitioner/Appellant, v. STATE of Idaho, Respondent/Respondent.

Supreme Court of Idaho, Boise, December 2009 Term.

January 29, 2010.

Attorney(s) appearing for the Case

Nevin, Benjamin & McKay, LLP, Boise, for appellants. Dennis Benjamin argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Jessica Lorello argued.

I. NATURE OF THE CASE

W. JONES, Justice.

Shane McKay, the appellant, was convicted of vehicular manslaughter for striking and killing a motorcyclist while driving under the influence of alcohol. At trial, the jury instructions omitted an element requiring the state to prove that McKay's intoxication was a significant cause of the death. McKay seeks review of the district court's summary dismissal of his application for post-conviction relief. He alleges...

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