Connecticut v. Miranda

878 A.2d 1118 (2005)

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Nature of the Case

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Facts

D and his girlfriend and her two children shared an apartment. D was 21, and his girlfriend was 16. Her son was two, and her daughter was four months old. D was not the biological father but did take care of the children and considered himself their step-father. D took the daughter to the hospital and indicated she was choking on milk. It became clear that the girl has multiple fractures and various injuries over her body. It was immediately clear that none of the injuries were sustained by accident. D was indicted and tried a number of times. The trial court found that the injuries, many of which created a risk of death, had been caused by great and deliberate force. It was clear that such injuries would have caused terrible pain to the child and noticeable deformities and severe bruising. The trial court found that D had been aware of the bruises and knew that the child had suffered a rectal tear. It found that D knew of a substantial and unjustifiable risk that the child was exposed to conduct that created a risk of death. The court found that despite knowing of these risks, that D failed to act and the child suffered from subsequent physical injuries.