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State v. Bingham

Citations

  • 910 S.W.2d 448
  • 1995 Tenn. Crim. App. LEXIS 105

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that death resulting from actions constituting reckless vehicular homicide does not bar an alternative sentence
  • holding that the trial court could not categorically deny an alternative sentence on the basis that a death was involved in view of the legislature’s providing that alternative sentencing was an available option for a vehicular homicide sentence
  • holding factor (10) is applicable where the defendant creates a high risk to the life of a person other than the victim(s)
  • noting that factor (10) does not apply to vehicular homicide when the defendant presents no risk to the life of anyone other than the victim
  • holding this enhancement factor may not be applied to vehicular homicide by recklessness
  • explaining that “if there is no risk to the life of a person other than the victim, clearly the proof necessary to establish enhancement factor (10) will be encompassed by the proof necessary to establish an essential element of vehicular homicide”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hayes, Scott, White

Read full opinion on CourtListener

Cited by

518 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Other cases named State v. Bingham

43 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.