The CCA this week told the court of appeals to take another look at an unusual injury by omission case. The key question is whether the actor took control of a person sufficient to take on responsibility for care. To read the facts, click here.

What do you think the court of appeals will do?

Should the law be broadened to clearly cover such circumstances?

"What do you think the court of appeals will do?"
They will find the evidence insufficient to support the conviction.

No responsible person could conclude that leaving an unconscious individual on the side of the road is accepting responsibility for protection, food, shelter, and medical care of that individual.

quote:

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The actor has assumed care, custody, or control if he has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for a [...] disabled individual.

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What about the man that actually punched the other guy's lights out? What about the fella that helped put the unconscious guy in the back of the truck and dump him? What about the other party-goers?


"Should the law be broadened to clearly cover such circumstances?"

No. At least not based on the limitted facts recited in the link.

quote:

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No responsible person could conclude that leaving an unconscious individual on the side of the road is accepting responsibility for protection, food, shelter, and medical care of that individual.

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If he had just left, I would agree with you. Hicks didn't have any responsibility to provide medical care to Johnson. But he didn't do that. Instead he affirmatively prevented other people from providing medical care and dumped Johnson on the side of the road. I think that you've accepted responsibility for someone's medical care when you take affirmative actions to make sure he does or doesn't get care, when the victim is in a position where he can't get it for himself.

I'm not sure why the others weren't charged (if they weren't), but it sounds to me like Hicks was in some kind of authority position among the others, which might explain why he was chosen.