Diamond Miller v. State of Indiana (mem. dec.), 49A02-1610-CR-2364

E.P., born Feb 5, 2013, lived with his mother Diamond Miller and Miller’s boyfriend Frank Larkins; Miller’s father William frequently babysat and observed bruises on E.P. between Dec 2013 and Oct 2014.
On Oct 24–27, 2014, William babysat; on Oct 27 Larkins picked up E.P.; by evening Miller learned E.P. complained of stomach pain and would not eat.
E.P.’s condition worsened overnight and into Oct 28: severe abdominal pain, repeated vomiting, inability to keep fluids down, progressive lethargy, and moaning; Miller did not seek medical care.
On Oct 29 morning E.P. was found cold and stiff (rigor mortis) and deceased; autopsy revealed a severed duodenum, pancreatic injury, peritonitis, sepsis, and abdominal distention.
Pediatric and forensic experts testified the internal injuries required high-force blunt trauma (not normal toddler activity), produced escalating symptoms, and were surgically treatable if timely addressed.
Miller was charged with multiple counts, convicted of one count of Level 1 felony neglect of a dependent resulting in death, sentenced to 20 years (15 in DOC), and appealed claiming insufficient evidence of knowing neglect.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports conviction for Level 1 neglect (knowing placement in a dangerous situation causing death)	State: E.P. showed clear, escalating symptoms an average layperson would recognize as requiring medical care; Miller’s failure to seek care was knowing neglect causing death	Miller: Symptoms were limited to vomiting and malaise; a reasonable parent need not seek medical care within 24 hours for such symptoms, so no knowing neglect	Jury reasonably inferred knowledge from worsening symptoms; evidence sufficient to support conviction

Gray v. State, 957 N.E.2d 171 (Ind. 2011) (standard for reviewing sufficiency of the evidence)
Bailey v. State, 907 N.E.2d 1003 (Ind. 2009) (affirming that appellate review considers only evidence and inferences supporting conviction)
Mitchell v. State, 726 N.E.2d 1228 (Ind. 2000) (layperson’s observations of symptoms can support inference of knowing neglect)
McMichael v. State, 471 N.E.2d 726 (Ind. Ct. App. 1984) (similar peritonitis facts where failure to obtain care supported knowing neglect)
Lush v. State, 783 N.E.2d 1191 (Ind. Ct. App. 2003) (whether failure to provide medical care constitutes criminal neglect is a jury question)