Davis v. Commonwealth
Supreme Court of Virginia
335 S.E.2d 375 (1985)
Davis (defendant) had accepted sole, full-time responsibility for caring for her senile, disabled mother, Carter, in exchange for free housing and a share of Carter's social security income, managing Carter's food stamps and benefits; Carter was found dead from pneumonia and freezing due to prolonged starvation and cold exposure, despite the home having a working stove, firewood, and a television in Davis's own room. Davis was convicted of involuntary manslaughter after waiving a jury trial and appealed, arguing she had no legal duty to care for her mother and that the evidence was insufficient.
Whether a defendant may be convicted of involuntary manslaughter if her conduct is of such reckless, wanton or flagrant nature as to indicate a callous disregard for human life and of the probable consequences of the act.