Sufficiency of Evidence

By: Derek Hawkins//November 3, 2020//

Listen to this article

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.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event