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Neglect conviction, sentence in child’s death affirmed

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The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.

Brittany McConniel was convicted of neglect of a dependent as a class A felony, after her 9-year-old stepdaughter Lauren died at IU Riley Children’s Hospital. Lauren had been brought to the hospital in an abused and emaciated state. She weighed 28 pounds at the time of her admission.

“The record reveals that Lauren’s suffering was significant and that she suffered for a considerable period of time,” Judge Elaine Brown wrote for the unanimous panel in Brittany L. McConniel v. State of Indiana, 18A02-1108-CR-733. “McConniel’s extremely abusive behavior toward and neglect of Lauren over a period of months is beyond shocking.”

Brown’s 34-page opinion recounts in detail McConniel’s treatment of Lauren while rejecting her arguments that the court abused its discretion in a denying McConniel’s motion for funds for expert witnesses and challenging the sufficiency of evidence and the appropriateness of the sentence in light of the offense and McConniel’s character.

“While the record reveals that McConniel does not have a criminal history, the nature of the offense and the character of the offender revealed by the evidence presented leads us to the conclusion that the sentence imposed by the trial court is not inappropriate. For the foregoing reasons, we affirm McConniel’s conviction and sentence,” Brown wrote.
 
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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