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

D, nineteen-years-old, and two cousins, Steve Coor and Rodney Coor were walking back from buying beer at a store when they encountered Gregory Linton. Linton was very intoxicated and was walking along a busy four-lane highway. Rodney was walking and talking with Linton. Steve told Linton to be careful and Linton responded by swearing and making gestures. Steve and Rodney saw D swing at the man and saw the man fall on the cement. D clearly and intentionally inflicted a wound upon Linton, who was highly intoxicated, by hitting him in the head. Linton was found by the police lying in the road. Paramedics examined Linton and found nothing wrong other than he was very drunk. The police then took him into custody for public intoxication. A day later police transported the unconscious Linton from the county jail to the hospital. He had a blood alcohol concentration level of .34 percent on the breathalyzer scale at the approximate time of his arrival at the hospital. Linton died two hours later. Linton had extensive internal injuries, including a subdural hematoma, a swollen brain, and bruises. D was charged with involuntary manslaughter. P claimed that Linton hit his head on the pavement after being punched by D. D admitted to intentionally punching Linton. The medical examiner labeled the cause of death as blunt force trauma to the head. The trial court denied D’s motion to dismiss for failure to prove causation. D was convicted and received the maximum sentence of ten years imprisonment and appealed.

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