NOAKES v. COM.

Record No. 0295-08-2.

681 S.E.2d 48 (2009)

54 Va. App. 577

Elizabeth Pollard NOAKES v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 18, 2009.


Attorney(s) appearing for the Case

James T. Maloney (Maloney & David, P.L.C., on brief), Falls Church, for appellant.

Joshua M. Didlake, Assistant Attorney General (William C. Mims, Attorney General, on brief), for appellee.

Present: FELTON, C.J., ELDER, FRANK, HUMPHREYS, KELSEY, McCLANAHAN, HALEY, PETTY, BEALES, POWELL and ALSTON, JJ.


UPON REHEARING EN BANC

BEALES, J.

Elizabeth Noakes (appellant) was convicted after a bench trial of involuntary manslaughter in the death of fifteen-month-old Noah Colassco (Noah). On appeal, appellant argues that the Commonwealth presented insufficient evidence that she acted with criminal negligence, an essential element of involuntary manslaughter. A divided panel of this Court disagreed with appellant's argument, holding that the evidence was sufficient...

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