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)