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State v. Hocter

262 P.3d 1089 (2011)

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State v. Hocter

Montana Supreme Court
262 P.3d 1089 (2011)

  • Written by Alexander Hager-DeMyer, JD

Facts

Alicia Hocter (defendant) was taking care of her boyfriend’s baby daughter while the boyfriend was away. Hocter had been involved in the baby’s life since the baby’s birth and claimed to love the child no differently than she would her own. However, Hocter assaulted the child because the baby was colicky and would not stop crying. Hocter then left the crying and injured child in the crib and turned up the music. Due to her injuries, the child was left permanently disabled and blind. Hocter was charged with child endangerment for failing to obtain medical care for the child. Hocter was convicted of child endangerment by omission and appealed the case to the Montana Supreme Court, arguing that she did not have a duty to care for the child.

Rule of Law

Issue

Holding and Reasoning (McGrath, C.J.)

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