State v. Pavlicek, 819 N.W.2d 521

Pavlicek lived with her boyfriend, their son, Pavlicek's daughter from a previous relationship, and the boyfriend's daughter L.B.
In Oct. 2010, a teacher observed a mark on L.B.'s face and bruises on her back, triggering Burleigh County Social Services involvement.
Pavlicek and L.B.'s father questioned by staff; Pavlicek appeared unconcerned about L.B.'s injuries.
The State charged Pavlicek with two counts of abuse or neglect of a child for facial and back injuries; multiple witnesses testified to admissions of hitting L.B.
Pre-trial, Pavlicek sought a jury instruction requiring substantial risk of death or serious injury to convict; she did not submit written proposed instructions.
The jury acquitted the facial-injury count and convicted the back-injury count; Pavlicek appealed asserting insufficient evidence, inconsistent verdicts, and improper instruction on parental discipline.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the back-injury conviction supported by sufficient evidence?	Pavlicek argues evidence doesn't prove back injury caused by willful acts.	State contends the record shows competent evidence of back injury from Pavlicek's actions.	Yes; substantial evidence supports the back-injury conviction.
Are the facial and back verdicts legally inconsistent?	Pavlicek asserts inconsistency between acquittal on facial injury and conviction on back injury.	State argues there is substantial evidence for the back injury; no legal inconsistency.	No; verdicts are not legally inconsistent.
Did the court err in failing to give a proper jury instruction on parental discipline under § 12.1-05-05(1)?	Pavlicek contends jury should be instructed that only non-alegal force constitutes discipline unless substantial risk is shown.	State contends the court properly allowed a reasonableness determination and Pavlicek failed to submit written proposed instructions.	No reversible error; instructions were correct and adequately informed the jury.

State v. Doll, 812 N.W.2d 381 (N.D. 2012) (standard for reviewing sufficiency of evidence)
State v. Buckley, 792 N.W.2d 518 (N.D. 2010) (sufficiency and verdict analysis guidance)
Jahner, 2003 ND 36, 657 N.W.2d 266 (N.D. 2003) (reconciliation of verdicts when similar elements exist)
Simons v. State, 2011 ND 190, 803 N.W.2d 587 (N.D. 2011) (use of force in parental discipline not exclusive; totality of circumstances governs reasonableness)
Rittenour v. Gibson, 2003 ND 14, 656 N.W.2d 691 (N.D. 2003) (jury instruction adequacy and limiting misinstruction)
State v. Erickstad, 2000 ND 202, 620 N.W.2d 136 (N.D. 2000) (written instruction requests required for more comprehensive instructions)
State v. Olson, 356 N.W.2d 110 (N.D. 1984) (duty to submit written proposed instructions)