383 S.W.3d 95
Mo. Ct. App.2012Background
- Rinehart was convicted by a jury of second-degree murder (felony murder), first-degree child endangerment, second-degree statutory rape, two counts of incest, and two counts of abandonment of a corpse.
- The felony murder conviction rested on the predicate of first-degree child endangerment.
- Evidence showed Rinehart failed to obtain medical care for Jack, a sick infant, despite warnings and the child’s deteriorating condition.
- Jack died in February 2007; Rinehart did not seek medical attention and had prior knowledge of Jack’s health problems.
- A.R. testified to Jack’s serious symptoms; medical expert testimony showed potential life-threatening illnesses that require professional care.
- The appellate court applied a totality-of-the-circumstances standard to determine whether Rinehart knowingly created a substantial risk to Jack’s life, body, or health, and affirmed the conviction
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowlege element for child endangerment | Rinehart argues no knowledge that failure to seek care created substantial risk | State argues totality supports knowledge that risk was practically certain | Evidence supported knowledge; conviction affirmed |
Key Cases Cited
- State v. Dailey, 755 S.W.2d 348 (Mo.App. E.D.1988) (failure to obtain medical care supports endangerment)
- State v. Mahurin, 799 S.W.2d 840 (Mo. banc 1990) (parents’ failure to recognize grave condition supports liability)
- State v. Burrell, 160 S.W.3d 798 (Mo.banc 2005) (totality-of-circumstances for knowing creation of risk)
- State v. Wilson, 920 S.W.2d 177 (Mo.App. W.D.1996) (actual need for treatment creates substantial risk when ignored)
- State v. Manwarren, 139 S.W.3d 267 (Mo.App.S.D.2004) (prior acts and totality support knowledge)
- State v. Gaver, 944 S.W.2d 273 (Mo.App.S.D.1997) (circumstantial evidence may establish knowledge)
- State v. Buhr, 169 S.W.3d 170 (Mo.App.W.D.2005) (appearance of child can indicate need for medical care)
- Jackson v. Virginia, 443 U.S. 307 (1981) (sufficiency standard: any rational juror could have found guilt)