Grand Forks Housing Authority v. Grand Forks Board of County Commissioners, 2010 ND 245

Buckley, 18, mother of six-month-old K.D., brought K.D. to ER where K.D. deteriorated and died two days later; autopsy linked death to chronic starvation and dehydration
Buckley admitted to marijuana use and alcohol consumption; deputies found drug paraphernalia and marijuana residue at Buckley’s residence
Investigation revealed limited baby care resources and absence of essential baby furniture; evidence of poor nutrition and neglect emerged
Medical testimony connected K.D.’s death to malnutrition and dehydration leading to multi-organ failure and septic shock
State charged Buckley with manslaughter, possession of drug paraphernalia, possession of marijuana, and minor in possession/consumption
Trial court denied Buckley’s motions to exclude certain evidence and to instruct on proximate cause; jury convicted Buckley on all counts; Buckley appealed alleging insufficiency of evidence, improper evidentiary rulings, and incorrect jury instruction

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of manslaughter evidence	Buckley failed to act recklessly; omits awareness of K.D.’s condition	State failed to prove recklessness or causation beyond reasonable doubt	Sufficient evidence supported manslaughter verdict
Proximate cause jury instruction	Civil proximate cause instruction should have been given	Instructions on recklessness and causation were adequate	Trial court did not err in denying proximate cause instruction
Motion in limine on evidence	Evidence of marijuana use, paraphernalia, and head injury should be excluded	Evidence was probative of care level and relevant to charges	Court did not abuse discretion; evidence admissible and probative
Time-period element for manslaughter	Exact 16-day period required under the information	Time period not an essential element; proof within statute limits suffices	Time period not essential; variance not fatal with proper limitations
Prior-acts evidence (marijuana use)	Prior marijuana use admissible to show care level	Priors improper to prove character	Evidence admissible; probative value not substantially outweighed by prejudice

State v. Wanner, 784 N.W.2d 143 (2010 ND) (sufficiency review limited; juries may infer guilt)
State v. Dahl, 776 N.W.2d 37 (2009 ND) (standard for insufficiency of evidence)
State v. Demarais, 770 N.W.2d 246 (2009 ND) (limits on sufficiency review; jury credibility)
State v. Streeper, 727 N.W.2d 759 (2007 ND) (omission theory cohesion with continued conduct)
State v. Hatch, 346 N.W.2d 268 (1984 ND) (time not always essential element)
State v. Vance, 537 N.W.2d 545 (1995 ND) (time element prerequisite considerations)
State v. Hersch, 445 N.W.2d 626 (1989 ND) (limitations on time element and proof)
State v. Ohnstad, 359 N.W.2d 827 (1984 ND) (prior acts admissible with substantial other evidence)
State v. Paul, 769 N.W.2d 416 (2009 ND) (three-step 404(b) analysis for prior acts)
State v. Alvarado, 757 N.W.2d 570 (2008 ND) (404(b) admissibility and purpose)
State v. Gaede, 736 N.W.2d 418 (2007 ND) (404(b) balancing probative value and prejudice)