Today at the Court: 12/9/09

The Court will hear three arguments today, two of which involve criminal cases. The first criminal case is McKay v. State and the other is State v. James.

McKay is a post conviction case arising from a felony vehicular manslaughter conviction. Mr. McKay argues that the elements jury instruction was erroneous because it omitted the language from the Pattern Jury Instruction that the "operation of the motor vehicle in such unlawful manner was a significant cause of the death" and substituted language which did not accurately describe the elements. Mr. McKay's petition alleges his trial counsel was ineffective for failing to object to the instruction and that his appellate counsel was ineffective for failing to challenge the instruction on direct appeal.


In James, the police searched a car that James was a passenger in and found drugs and drug paraphernalia. He, along with the others, was questioned by the officer, without the benefit of Miranda warnings. James said that the drugs were his after the officer threatened to arrest them all if no one admitted ownership. The district court found that James was not in custody and Miranda warnings were not required. The Court of Appeals disagreed. The Supreme Court will finally decide.