State v. Buckley
792 N.W.2d 518
N.D.2010Background
- Buckley, 18, mother of KD, was charged with manslaughter, possession of drug paraphernalia, possession of marijuana, and minor in possession of alcohol after KD died from malnutrition and dehydration in 2009.
- KD was hospitalized with dehydration, malnutrition, and suspected infections; autopsy attributed KD’s death to conditions from chronic starvation and dehydration.
- Police found marijuana, drug paraphernalia, and alcohol in Buckley’s residence; no baby furniture or well-documented care items observed.
- Buckley admitted marijuana use and denial of sustained adequate nutrition for KD; WIC and college resources were available to Buckley.
- Trial court denied Buckley’s motion in limine and Buckley’s request for a civil proximate-cause instruction; the jury found Buckley guilty on all counts.
- On appeal, Buckley challenges sufficiency of the manslaughter evidence, the in limine rulings, and the proximate-cause instruction; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of manslaughter evidence | Buckley — no recklessness given actual condition unknown | State — Buckley knew KD’s needs and disregarded them | Evidence supported recklessness and guilty verdict on manslaughter |
| Theory of omission in causation | Buckley — cannot convict on omission alone | State — omitted conduct part of reckless behavior | Theory of omission not sole basis; conduct framed as recklessness |
| Time-period element for undernourishment | Buckley — time period essential element; not proven | State — time not an essential element; proof before indictment sufficient | Time not an element; conviction sustained despite timing variance |
| Proximate cause instruction | Buckley — civil proximate-cause instruction needed | State — instruction unnecessary and potentially confusing | Court properly refused civil proximate-cause instruction; instructions adequate |
| Motion in limine on marijuana, paraphernalia, and KD’s head injury evidence | Buckley — evidence irrelevant and prejudicial | State — evidence probative and admissible on care and charges | Trial court did not abuse discretion; evidence relevant and probative |
Key Cases Cited
- State v. Wanner, 784 N.W.2d 143 (North Dakota 2010) (standard for sufficiency of evidence; limited appellate review)
- State v. Dahl, 776 N.W.2d 37 (North Dakota 2009) (guidance on recklessness and causation)
- State v. Demarais, 770 N.W.2d 246 (North Dakota 2009) (timing and elements in criminal offenses)
- Streeper, 727 N.W.2d 759 (North Dakota 2007) (omission theory and duty to render aid in homicide cases)
- State v. Hatch, 346 N.W.2d 268 (North Dakota 1984) (information timing and element considerations)