State v. Neumann

Mother and Father chose to treat their eleven-year-old daughter's undiagnosed illness with prayer rather than medicine. Their daughter subsequently died from diabetic ketoacidosis resulting from untreated juvenile onset diabetes mellitus. In separate trials with different juries, Mother and Father were each convicted of second-degree reckless homicide. The parents appealed, arguing (1) their convictions for choosing treatment through prayer violated due process fair notice requirements; and (2) their convictions should be reversed because the real controversy was not fully tried due to erroneous jury instructions and ineffective assistance of counsel. The Supreme Court affirmed the convictions, holding, inter alia, (1) the second-degree reckless homicide statute and the criminal child abuse statute provided sufficient notice that the parents' conduct could have criminal consequences if their daughter died; (2) the jury instructions on parents' duty to provide medical care were not erroneous, as the statutory provision protecting treatment through prayer does not negate the legal duty to provide medical care in a second degree reckless homicide prosecution; (3) trial counsels did not provide ineffective assistance; and (4) the controversy was fully tried where the circuit court properly refused to instruct the jury on the parents' sincerely held religious belief in prayer.View "State v. Neumann" on Justia Law