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Sufficient Evidence for Second Degree Murder Conviction Based on Failure to Protect

Case Name: People v. Collins (Mar. 30, 2023, B322744) [nonpub. opn.], review granted 7/19/2023
Case #: S279737/B322744
Last Updated: August 9, 2023

Does sufficient evidence support defendant’s conviction for second degree murder based on a failure to protect? (People v. Collins (Mar. 30, 2023, B322744) [nonpub. opn.], review granted 7/19/2023 (S279737).) [Editor’s Note: The Court of Appeal concluded there was sufficient evidence to permit a rational juror to find beyond a reasonable doubt that defendant (the infant victim’s mother) by inaction and some affirmative actions, knowingly failed to protect her son from the abusive, drug-addicted father, and thereby aided and abetted the father’s murder of the child. The Court of Appeal’s opinion is available here: https://www.courts.ca.gov/opinions/revnppub/B322744.PDF.]

Review on this issue has also been granted with briefing deferred in:

  • People v. Werntz (2023) 90 Cal.App.5th 1093, review granted 8/9/2023 (S280278/D079771)
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