State v. Morrison, 233 A.3d 136

On Sept. 1–2, 2013 Muriel Morrison drank several beers during a virtual “moms’ night out,” then went to bed in a full-size bed with her 4-month-old infant (I.M.) and her 4-year-old daughter.
The infant was later found unresponsive; the medical examiner listed cause as asphyxia from probable overlay (mother found atop infant). The infant was pronounced dead at the hospital.
The 4‑year‑old testified she saw Morrison sleeping on the baby, tried to wake her ("threw stuff" and yelled), and that Morrison briefly awoke but remained on the infant. Morrison told officers she had “got drunk and killed my baby.”
Morrison was indicted and convicted by a jury of involuntary manslaughter (gross negligence), reckless endangerment, and neglect of a minor; sentenced, with most time suspended.
The Court of Special Appeals reversed the manslaughter and reckless endangerment convictions for insufficient evidence; the State appealed to the Court of Appeals.
The Maryland Court of Appeals affirmed the Court of Special Appeals: the evidence was insufficient to prove gross negligence for involuntary manslaughter or the objective gross-departure recklessness required for reckless endangerment.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Morrison)	Held
Sufficiency for involuntary manslaughter (gross negligence)	Morrison co‑slept after drinking to the point of passing out; that combination was inherently dangerous and supports a finding of wanton/reckless disregard for life.	Co‑sleeping after modest social drinking is common; no evidence Morrison was significantly impaired or knew co‑sleeping posed a deadly risk; conduct is at most simple negligence.	Evidence insufficient — conviction reversed; co‑sleeping after social drinking did not, on this record, constitute gross negligence.
Sufficiency for reckless endangerment	Same facts demonstrate an objectively substantial risk and a gross departure from reasonable conduct.	No proof that a reasonable person under these circumstances would have appreciated a substantial risk or that Morrison acted recklessly.	Evidence insufficient — conviction reversed; conduct did not show the requisite gross departure or substantial risk.

State v. Thomas, 464 Md. 133 (2019) (framework: weigh inherent dangerousness of act plus environmental risk factors to assess gross negligence)
State v. Albrecht, 336 Md. 475 (1994) (gross negligence requires wanton or reckless disregard; reasonable‑actor standard)
Mills v. State, 13 Md. App. 196 (1971) (gross negligence must manifest wanton or reckless disregard for life)
State v. Pagotto, 361 Md. 528 (2000) (distinguishing simple negligence from gross negligence; higher production burden for manslaughter)
Cornell v. State, 159 Fla. 687 (1947) (upholding manslaughter where caregiver was extremely intoxicated and infant suffocated while caregiver slept through prolonged crying)
State v. Merrill, 269 P.3d 196 (Utah Ct. App. 2012) (upholding conviction where defendant was a heavy sleeper with prior overlay death, supporting perceived risk)
Bohannon v. State, 230 Ga. App. 829 (1998) (conviction affirmed where alcohol addiction and prior protective plan supported conscious disregard)
Blackwell v. State, 34 Md. App. 547 (1977) (extreme intoxication while operating a dangerous instrumentality held sufficient for manslaughter)