People v. Stephens

OPINION OF THE COURT

Saxe, J.

This appeal requires us to consider the nature and extent of the duty owed to a child by an unrelated adult when the child resides in the adult’s household along with his own children and those of his paramour. In particular, we consider whether the prosecution in this case properly relied upon the application of the “in loco parentis” doctrine to convict defendant of murder based upon a failure to provide medical care to a child who was not his biological child.

This prosecution concerns the death of nine-year-old Sabrina Green, who was, at the time, the charge of…