FABIAN ELISON versus State

Key Issues

• {"issue_text":"Whether the trial court erred in putting the onus of proof on the accused to show he could have seen the complainant earlier","issue_type":"law","dispositive":"yes","related_facts":"Burden of proof in criminal cases"}
• {"issue_text":"Whether the court misdirected itself in finding the accused failed to stop because of excessive speed when he demonstrated he could not have stopped regardless of road conditions","issue_type":"mixed","dispositive":"yes","related_facts":"Speed of vehicle, road conditions, braking capability"}
• {"issue_text":"Whether the trial court erred in convicting the accused in light of questionable investigative conduct","issue_type":"law","dispositive":"no","related_facts":"Investigation procedures, witness selection"}
• {"issue_text":"Whether the court erred in convicting without positive finding that accused's defense was false","issue_type":"law","dispositive":"yes","related_facts":"Standard of proof beyond reasonable doubt"}
• {"issue_text":"Whether the court a quo erred in finding accused failed to stop or act reasonably","issue_type":"fact","dispositive":"yes","related_facts":"Appellant's actions of braking and swerving"}
• {"issue_text":"Whether the court erred in casting duty on accused to pull up without hitting complainant","issue_type":"law","dispositive":"yes","related_facts":"Duty of care in traffic accidents"}

Background