State v. Rainey

The State appeals from a judgment granting Defendant Jaspera Rainey's motion for judgment of acquittal notwithstanding the jury's verdict after the jury found Rainey guilty of third-degree assault for the death of her almost-two-year-old daughter (Victim). The State argues that the record contained sufficient evidence to support the jury's verdict finding Rainey guilty of third-degree assault, as an accomplice, in that she or her boyfriend, Patrick Middlebrook, recklessly created a grave risk of death or serious physical injury to Victim by slamming, hitting, or kicking her. Because the…