X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Carlos Copeland guilty of two counts of cruelty to children in connection with the malnourishment of his live-in girlfriend’s two-year-old twins.1 He appeals from the convictions entered on the verdict, challenging the court’s denial of his motion for a directed verdict of acquittal based on the sufficiency of the evidence, the court’s denial of his motion for a directed verdict or mistrial for alleged prosecutorial misconduct regarding photographic evidence, the court’s denial of his motion for a mistrial based on an allegedly prejudicial remark made by the prosecutor, the court’s refusal to give the jury a charge on knowledge, and the presence of a prejudicial statue in front of the courthouse. None of the arguments presents grounds for reversal, so we affirm Copeland’s convictions. 1. The state charged Copeland with committing cruelty to children, alleging that he jeopardized the children’s health while they were in his custody by wilfully depriving them of necessary sustenance.2 In two enumerations of error, he contends the trial court erred in denying his motion for a directed verdict of acquittal because the state failed to prove that he wilfully deprived the children of necessary sustenance, and that their health or well-being was jeopardized. He maintains that the children were fed properly and were basically healthy, and attributes any weight and development problems they may have had to their premature births, reflux, and vomiting.

The standard of review for the denial of a motion for directed verdict of acquittal is the same as that for reviewing the sufficiency of the evidence to support a conviction.3 Under that standard, we view the evidence in a light most favorable to the jury’s verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.4 Conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve.5

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Seeking motivated and skilled litigation attorney to join our dynamic defense litigation firm. Role Involves:Conducting thorough research.Ha...


Apply Now ›

DEPUTY PORT ATTORNEY III Oakland, CA Salary: $17,294 - $21,419/month, 37.5-hr work week Your Port. Your Community. Your Career. Whe...


Apply Now ›

Stern, Lavinthal & Frankenberg, LLC, is seeking a foreclosure attorney experienced in the NJ and/or NY foreclosure process and default l...


Apply Now ›