People v. Kolzow

Facts

D was out with her three-month-old baby, Jeffrey. From 11 p.m. until 2 a.m., she and the child were driving around in a car with a friend of D, Eileen Hoover. After feeding the child with a bottle at approximately 2 a.m., she drove Hoover home. She eventually drove home around 4:30 a.m. She and the baby arrived home around 5 a.m., but instead of going inside, D parked her car in a nearby parking lot and read a book. D said she did not go inside because she did not want to wake her sleeping stepmother. At 6:30 a.m., D noticed her stepmother's car was gone and parked her car in front of the house. She turned off the engine, closed the driver's window, and locked the car. Leaving the baby in the car, D then went into the house. D set the alarm for 9:30 a.m., lay on the couch, and fell asleep. She said she forgot about the baby, who was locked outside in the car. The alarm never went off and she awoke at 10:30 a.m. on her own. She said she remembered the baby was still in the car.  The child's face was completely purple. After bringing him into the house, she said she felt his hands and knew he was dead. The rear windows of the car were down about four inches and the front windows were closed. He said the car was facing west. The child was inside the house, and the officer found no pulse. The child's body was still warm, and his cheeks and hands were a dark, reddish-purple color. The baby died of heat stroke. The baby's nutrition, hydration, and cleanliness were good and it appeared the child had been well cared for. George Gourley, who lived across the street from one of D's friends testified that 'at least half a dozen times' he witnessed D leave the child unattended in a parked car while she went inside her friend's house. P also performed some tests to see how hot a similar car would get and entered that evidence at trial. D was found guilty and appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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