STATE v. SMALL

No. 2011-K-2796.

100 So.3d 797 (2012)

STATE of Louisiana v. Satonia SMALL.

Supreme Court of Louisiana.

October 16, 2012.


Attorney(s) appearing for the Case

Elton B. Richey & Associates, LLC, Elton B. Richey, Jr. , Christopher Dowd Hatch , Shreveport, LA, for Applicant.

Hon. James D. Caldwell , Attorney General, Caddo Parish District Attorney's Office, Hon. Charles Rex Scott , District Attorney, R. Bennett Langford, III , Assistant District Attorney, for Respondent.


VICTORY, J.

We granted this writ application to determine whether defendant can be guilty of second degree murder for leaving her two small children home alone in the middle of the night, during which time a fire broke out and one of her children died in the fire. After reviewing the facts and the applicable law, we find that a conviction for second degree murder cannot be supported in this case, where defendant's criminally negligent act of leaving her young children...

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