Beth Montgomery v. State of Indiana (mem. dec.), 82A01-1603-CR-568

Beth Montgomery, mother of infant B.B., was charged with Level 1 felony neglect of a dependent resulting in death and Level 6 felony neglect after B.B. was found suffocated on a couch and later died.
B.B. had been discharged from the hospital seven days after birth with instructions that he sleep on his back in a crib.
On the night of the death, Montgomery was sleeping on a couch; her fiancé had checked she was awake earlier. She awoke around 2 a.m., found the baby next to her unresponsive, and called 911.
First responders observed an unsanitary home and pronounced the infant dead at the hospital; cause of death was suffocation due to prone position on a non‑flat surface.
Montgomery went voluntarily to the command post, received Miranda warnings, signed a waiver, and was videotaped. She at one point asked about an attorney and later, after detectives left, reopened contact and made inculpatory statements admitting the baby was face‑down on a couch cushion next to her.
Trial court denied her motion to suppress; a jury convicted on both counts and the court imposed consecutive sentences (20 years + 1 year). The Court of Appeals affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Montgomery)	Held
Admissibility of post‑Miranda statement after she asked for counsel	Waiver valid; request for counsel was equivocal and she reinitiated communication so questioning could continue	She unequivocally requested an attorney and detectives violated Miranda by continuing questioning	Court: No Miranda violation; initial requests were equivocal and she initiated further communication, permitting further interrogation
Voluntariness of statement	Statement was voluntary under totality of circumstances; no coercion or improper tactics	Statement involuntary due to her fragile emotional/mental state shortly after infant’s death	Court: Statement voluntary; emotional distress alone did not render waiver involuntary
Sufficiency of evidence for Level 1 neglect resulting in death	Circumstantial and forensic evidence support knowing placement of child in dangerous position (medication use, home instructions, infant found face‑down on couch)	She was unaware/unconscious of her actions and did not knowingly fall asleep with B.B. in her arms	Court: Evidence sufficient; jury could infer she placed child in a dangerous position and acted knowingly
Harmless‑error alternative	Even if statement wrongly admitted, independent evidence supports conviction	Admission was prejudicial and requires reversal	Court: Any error would be harmless because substantial independent evidence supported guilt

Smith v. State, 889 N.E.2d 836 (Ind. Ct. App. 2008) (trial court has broad leeway on evidentiary rulings)
Figures v. State, 920 N.E.2d 267 (Ind. Ct. App. 2010) (standard for reversing evidentiary decisions)
Bailey v. State, 763 N.E.2d 998 (Ind. 2002) (request for counsel must be unambiguous to invoke Miranda protection)
Hartman v. State, 988 N.E.2d 785 (Ind. 2013) (if suspect initiates further communication after invoking counsel, interrogation may resume)
Edwards v. Arizona, 451 U.S. 477 (1981) (federal rule on post‑invocation interrogation and counsel)
King v. State, 991 N.E.2d 612 (Ind. Ct. App. 2013) (questioning like “Am I going to need an attorney?” is equivocal)
Collins v. State, 873 N.E.2d 149 (Ind. Ct. App. 2007) (qualifying words can render a request for counsel equivocal)
Owens v. State, 732 N.E.2d 161 (Ind. 2000) (post‑invocation statements by defendant can constitute reinitiation of communication)
State v. Keller, 845 N.E.2d 154 (Ind. Ct. App. 2006) (totality of circumstances test for voluntariness of confessions)
Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard of review for sufficiency of evidence)
Pratt v. State, 744 N.E.2d 434 (Ind. 2001) (circumstantial evidence can support conviction when reasonable inferences allow guilt beyond a reasonable doubt)
Headlee v. State, 678 N.E.2d 823 (Ind. Ct. App. 1997) (erroneous admission of a statement can be harmless if independent evidence supports conviction)