Seriously, how often does this happen?

[ There was an Oct 2015 Court of Appeals ruling against Nissley ]

[ THE OUTCOME: Nissley trial began mid-August and was in Day 14 as of 9/13/2012 “Chester Flaxmayer is sworn and testifies” Case minutes. Some news coverage on the trial: Man using diabetes defense in trial; Man in pedestrian’s death was on meth, prosecutor says
The EIGHTEEN DAY trial wrapped up on 9/20/2012 (sounds mighty expensive!) The trial lawyer was Lawrence Kazan,   the lawyer whom AZRepublic columnist Laurie Roberts refers to as “the Valley’s go-to attorney for bad drivers – the ones who can afford him, that is”.
Verdict: guilty of manslaugther and several other ancillary charges. The jury also found aggravating factors for all the charges; one of them being he “used a dangerous instrument, his car, in the commission of a crime”.  Paradise Valley man who claimed diabetes in fatal crash guilty. ]

It’s an usually warm early November afternoon. You’re strolling down a lovely sidewalk in Paradise Valley, AZ when suddenly, BAM, you’re dead.

(see more and other Are Cars Dangerous? stories).

Head-on collision in Paradise Valley leaves pedestrian dead
by Lauren Worthington – Nov. 3, 2010 11:40 AM
The Arizona Republic

A pedestrian is dead and five people are in the hospital after a head-on collision in Paradise Valley. The pedestrian has been identified as [plastic surgeon and ‘top doc’]]Richard Pavese, 62, of Phoenix, police said Wednesday. About 5:45 p.m. Tuesday, Patrick Nissley, 25, of Paradise Valley was traveling north in the southbound lane of Invergordon Road near East Vista Drive when he struck the corner of a 2003 Lincoln Town Car. Nissley’s car, a white 2009 BMW, glanced off the Lincoln Town Car and drove over the sidewalk, hitting and killing a pedestrian, Paradise Valley police spokesman Alan Laitsch said. The driver of the Lincoln Town Car, Craig Lesman, 42, of Phoenix, and his passengers — a 61-year-old man and two women, ages 62 and 70 — were transported to Scottsdale Healthcare Osborn Medical Center and St. Joseph’s Hospital and Medical Center with non-life-threatening injuries. Nissley was transported to an area hospital in serious condition. The cause of the accident is under investigation.The driver was subsequently charged with 2nd degree murder; “Investigators found evidence of both drugs, including a hypodermic syringe with heroin, in Nissley’s vehicle, police said.”, but not until very late Feb 2011, almost 4 months after the incident. Large time lags in drug cases seem the norm. The trial is appears to be getting underway in Aug of 2012. Apparently the suspect is going with a hypoglycemia defense: “(defense’s expert) may provide opinion testimony regarding whether hypoglycemia can cause acts to be involuntary versus voluntary”. It’s Maricopa County Superior Court case CR-2011110536. This case minute from 7/10/2012 was pretty interesting relating to defense’s motion to suppress blood test results (which police say were positive for heroin and methamphetamine). It relates to implied consent and whether or not the defendant expressly rejected medical treatment, which then (from what i gather) lead to a “warrantless” blood test. Apparently the motion was denied… this point eventually made it to the Court of Appeals, which ruled the blood test was properly permitted under the 28-1388E.

Criminal Case Links

Maricopa County Superior Court

• case CR2011-110536
• case minutes.

There was this fascinating tidbit in case minute for trial day 17 (the jury had gone to deliberations at that point):

Discussion is held regarding Juror #8 wearing purple.
IT IS ORDERED denying Defendant’s request to bring Juror #8 in the courtroom to answer questions about her wearing purple.

. hmm.