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No. 126067
| The People of the State of Michigan, |
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Timothy A. Baughman |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(Wayne - Townsend, L.) |
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| David William Schaefer, |
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Richard W. Glanda |
Defendant-Appellee. |
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Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee's Brief on Appeal>>
Background
Defendant David William Schaefer drank while socializing with a friend; Schaefer then decided to drive his friend to another location. Eyewitnesses reported that Schaefer was driving erratically and tailgating other vehicles. At one point, Schaefer swerved abruptly onto a highway exit ramp. His vehicle hit the curb, and he lost control. The vehicle rolled over several times; Schaefer's friend was ejected from the vehicle and killed. Three hours after the accident, Schaefer's blood alcohol content was .16, above the legal limit. He was charged with OUIL causing death and negligent homicide. At trial, Schaefer argued that the accident happened because the exit ramp was defectively designed, and he presented an expert who testified in support of this theory. The jury convicted Schaefer as charged. In the Court of Appeals, Schaefer's attorney objected that the jury was not properly instructed. In a two-to-one decision, the Court of Appeals vacated Schaefer's conviction for OUIL causing death and remanded for a new trial. The prosecutor appeals.
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