State v. Miranda

Santos Miranda (defendant) lived with his girlfriend, her son, and her infant daughter, voluntarily took on responsibility for the children's welfare, and considered himself their stepfather. He took the choking infant to the hospital, where staff found signs of severe, sustained abuse that would have been obvious to any adult in the household; the mother had inflicted the injuries. The State (plaintiff) prosecuted Miranda for assault, not on a theory that he personally abused the child, but that he failed to protect her despite the obvious signs. The trial judge found Miranda had a legal duty to protect the child based on his voluntarily assumed familial role, and convicted him; an appellate court reversed, and the State appealed.