This section contains the nature of the case and procedural background.

Iten (D) was driving his truck on when he approached an intersection and decided that even though the light was turning red and he was 320 feet from the intersection he was not going to stop. He hit an oncoming car, and Marna Quarnstrom was killed. Evidence at trial showed that D's brakes were operating at 50% effectiveness and that he could have stopped if he had wanted to. D testified that he did not stop because he was afraid the load shift would lock his brakes and that the truck would jackknife. D did attempt to swerve to miss Marna's car but failed. D was convicted and appealed.

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