S-17-637 State v. Edward Hood
District Court of Garden County, Hon. Derek Weimer
Attorneys: Maren Chaloupka of Chaloupka Holyoke Synder Chaloupka & Longoria (for appellant, Hood) v. Nathan Liss of Attorney General’s Office (for appellee, State)
Criminal: Ineffective assistance; confrontation; motor vehicle homicide
Proceedings Below: Appellant was convicted of motor vehicle homicide, manslaughter, driving under the influence (DUI) causing serious bodily injury, and refusing a preliminary breath test (PBT). Hood directly appealed.
Issues: 1) Appellant’s trial counsel’s representation was deficient, and unfairly prejudiced his constitutional right to a fair trial, 2) the district court erred in allowing the State to present evidence and argue regarding Appellant’s refusal to consent to warrantless search of his blood, and 3) the district court violated Appellant’s right to confrontation in admitting into evidence the victim’s death certificate without sponsoring testimony.