Noakes v. Virginia

Facts: Noakes ran a home daycare. 15-month-old Noah had trouble sleeping and would stand and cry. To force Noah to lie down, Noakes placed a cardboard cover on the crib and a 33-pound dog crate on top. She shook the crib to test stability. Three hours later she returned to find Noah unconscious—standing, with his head and neck wedged between the cover and the crib. He could not be revived. Convicted of involuntary manslaughter.
Issue: Whether an IM conviction will be upheld where ∆ should have known the conduct was likely to cause substantial harm.
Rule: An involuntary-manslaughter conviction will be upheld where ∆ should have known particular conduct was likely to cause substantial harm.
Analysis: Criminal negligence requires "little or no regard for the safety of others" plus knowledge or reason-to-know that the conduct is likely to result in injury. Noakes knew Noah's sleeping habits, knew the contraption was unstable (she shook it to test), did not check on Noah for three hours, and put a 33-pound weight over a baby's head. Reckless disregard satisfied.
Judgment: Conviction affirmed.

Reading: pp. 423–27. See Manslaughter (involuntary).