New Mexico v. Stephenson

Defendant Jennifer Stephenson placed her two-year-old son Isaiah in his room at bedtime and locked the door for the night. Isaiah’s father heard Isaiah whimpering the next morning and found him with his legs pinned between a dresser and a crossbar on the bed. Isaiah developed "compartment syndrome," which required an aggressive surgery to correct. A jury convicted Defendant of one count of second-degree abandonment of a child resulting in great bodily harm after being unable to find that she committed child abuse by failing to act for Isaiah’s welfare and safety. The Court of Appeals reversed the conviction, holding that Defendant's conduct did not fall within the meaning of “leaving or abandoning” because she did not leave Isaiah with the intent not to return. The State petitioned for certiorari review to determine whether the Court of Appeals’ definition of “leaving or abandoning” was correct and whether the evidence was sufficient as a matter of law to support the conviction. The Supreme Court interpreted NMSA 1978, Section 30-6-1(B) (2009) differently than the Court of Appeals did, but agreed with the outcome. "Perhaps the most important lesson from this case is that the Legislature must clarify its intent with respect to the crime of child abandonment. Nevertheless, we agree with the Court of Appeals that Defendant could not be found guilty of abandoning Isaiah because there is no evidence that Defendant intentionally left Isaiah with the intent not to return." The Court also concluded that there was not sufficient evidence to support the finding that Defendant intentionally departed from Isaiah, leaving him under circumstances where Isaiah might have or did suffer neglect - where his well-being was at risk of harm. The Court therefore reversed Defendant’s conviction and remanded for an entry of a judgment of acquittal. View "New Mexico v. Stephenson" on Justia Law