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adult responsible for the baby’s care, and the Appellant’s infant died of malnutrition and
child had not seen a doctor since the time he dehydration, that Appellant was the child’s
was born. The other children in Appellant’s sole caregiver, that the child’s condition
care, including the victim’s twin sister, would have been apparent to anyone caring
seemed to have been fed and had no health for him, and that Appellant should have
issues related to nutrition. sought medical care for him. The indictment
At trial, an expert for the State testified that specifically alleged that Appellant (1) starved
the victim’s condition would have been the infant, and (2) withheld from him
“apparent to anybody who was taking care of sufficient nutrition and fluids to maintain life.
him.” This was supported by the child’s great- All of this conduct involves the Appellant not
grandmother, who testified that when she performing some act that was required of her,
saw him five days prior to his death, she which forces each allegation squarely within
thought that he looked like a kitten whose the definition of an omission.
mother would not nurse it. She even told There was no evidence presented in this
Appellant that the child looked sick and that case that Appellant committed any
he would not last another two weeks until his affirmative “act” in the starvation of her
scheduled check-up with a doctor. Appellant child. The evidence showed only her
testified, however, that she fed the child the omissions caused the infant’s death, rather
same as his siblings and that she did not find than any act clearly dangerous to human life,
his lack of weight gain alarming because he as required by the statute. Therefore, the
had been born small. Although Appellant evidence was insufficient to support
asserted that the child did have trouble Appellant’s felony murder conviction and it
taking bottles, she also confirmed that there must be overturned. However, because the
was no medical reason, such as chronic jury necessarily found Appellant guilty of the
vomiting or diarrhea, that would explain the underlying felony of injury to a child and the
victim’s dehydration and malnutrition. evidence is sufficient to support this finding
Appellant asserts that in order for injury to of guilt, the judgment must be reformed to
a child to be the underlying crime for felony reflect this.
murder, the injury must have been inflicted Rodriguez v. State, Ct. Crim. App., No.
by an affirmative act. She contends that her PD-1189-13, June 18th, 2014.
prosecution is based entirely on omissions
and, therefore, cannot support her CITIZENS RECORDING OFFICERS IN
conviction. PUBLIC
It is established that an injury to a child Buehler was arrested while he was
offense may serve as the underlying crime in recording officers conducting a field
a felony murder prosecution. However, detention. He filed a civil rights suit alleging
while an injury to a child offense can be the arrest violated his first amendment rights.
based on an act or omission, the felony The Federal District Court in Austin ruled on
murder statute makes clear that an “act the City’s motion to dismiss and, in doing so,
clearly dangerous to human life” must be the provides a good discussion of citizens’ rights
cause of the death of the victim. The to video officers and the limits of those rights:
evidence presented at trial showed that A private citizen has the right to assemble
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