By: Derek Hawkins//November 3, 2020//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Kayla C. Murphy
Case No.: 2019AP1124-CR
Officials: STARK, P.J.
Focus: Sufficiency of Evidence
The State appeals an order granting Kayla Murphy’s motion to dismiss an amended criminal complaint charging her with one count of neglecting a patient, contrary to WIS. STAT. § 940.295(3)(a)3. and (b)4. The State argues that the circuit court erred by dismissing the amended complaint because it alleged sufficient facts, together with reasonable inferences from those facts, to allow a reasonable person to conclude that Murphy neglected a patient under circumstances that caused or were likely to cause that patient bodily harm in violation of that statute. We agree. Accordingly, we reverse the circuit court’s order granting Murphy’s motion to dismiss and remand the matter for further proceedings.