State v. Cole, 2012 Mo. App. LEXIS 1136

Cole was convicted in a bench trial of first-degree endangering the welfare of a child and second-degree murder (felony murder) tied to the death of her three-year-old son in April 2003 by Griffin.
The trial court found Coleman guilty of endangering the child as charged and of second-degree murder; judgment of acquittal was entered as to a second endangerment count.
The State charged two child-endangerment counts and a felony-murder count alleging death resulted from the perpetration of endangering the child.
Evidence showed Child had head injuries and other marks; Defendant told investigators and others conflicting accounts about how Child was injured.
Key witnesses included a pathologist, police interviews, and a reenactment; Defendant admitted to past violent discipline by Griffin.
On appeal, Cole challenges the sufficiency of the evidence for both endangerment and felony murder, arguing improper application of the standard of review and foreseeability of death.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for first-degree endangering child by placement with Griffin	Cole	Cole	Affirmed; substantial risk shown; no weight-of-evidence re-weigh allowed.
Proximate cause for felony murder	State	Cole	Affirmed; death was a reasonably foreseeable result of the felony.

State v. Burrell, 160 S.W.3d 798 (Mo. banc. 2005) (proximate cause for felony murder; continuing abuse and causal link upheld)
State v. Nash, 339 S.W.3d 500 (Mo. banc. 2011) (standard for sufficiency review in criminal cases: any rational trier could convict beyond reasonable doubt)
State v. Pike, 162 S.W.3d 464 (Mo. banc. 2005) (load-bearing sufficiency standard in criminal appeals)
State v. Northern, 472 S.W.2d 409 (Mo. banc. 1971) (distinct review standard for criminal appeals; deference to fact-finder; substantial evidence)
State v. Buhr, 169 S.W.3d 170 (Mo. App. W.D. 2005) (knowingly created substantial risk analysis; evidence of past abuse relevant)
State v. Stallman, 289 S.W.3d 776 (Mo. App. E.D. 2009) (foreseeability in felony-murder context; death need not be intended)
State v. Akins, 829 S.W.2d 619 (Mo. App. E.D. 1992) (felony-murder requires death as a result of perpetration; no need to prove intent to kill)
State v. Blunt, 863 S.W.2d 370 (Mo. App. E.D. 1993) (foreseeability in felony-murder proximate causation)
Jackson v. Indiana, 406 U.S. 715 (Supreme Court 1972) (due process/equal protection; not directly applicable, cited for heightened review concept)
State v. Rodden, 728 S.W.2d 212 (Mo. banc 1987) (consciousness of guilt evidenced by false exculpatory statements)
State v. Manwarren, 139 S.W.3d 267 (Mo. App. S.D. 2004) (substantial risk standard in child endangerment)
State v. Murphy v. Carrón, 536 S.W.2d 30 (Mo. banc 1976) (general appellate-review principles)