United States v. Richard Leavitt

The defendant Mr. Richard Leavitt, was convicted of driving in a careless manner in a national park, in violation of 36 C.F.R. § 4.14 . He appeals his conviction on three grounds: 1) lack of jurisdiction; 2) insufficient evidence to establish identity; and 3) violation of his right to counsel.

Defendant was driving on Highway 101 in the Olympic National Park on October 23, 1977. It had rained earlier in the day and the road was wet. This was a curvy area of the highway with a speed limit of 45 miles per hour. Defendant had been following another car for some time when he decided to attempt to pass it at a blind “S” curve. A head-on collision with an oncoming camper vehicle resulted. A summons was issued on April 17, 1978, and defendant was tried on October 6,1978, and November 3, 1978. He was found guilty of careless driving and he was given a suspended ninety-day sentence and placed on three years’ probation.

Olympic National Park was established on June 29, 1938. In 1941, the State of Washington ceded exclusive jurisdiction over all territory in the park to the United States. There were no reservations in this act. In 1942, the United States accepted exclusive jurisdiction…