Labastida v. State

I agree that the legislature has defined murder in such a way that Labastida’s failure to act could be found to be murder in the second degree and therefore her conviction must be affirmed.

However, I do not agree that there was substantial evidence that Labastida aided and abetted Strawser in committing murder. In fact, I do not see any evidence in the record which would support that conviction. Every bit of evidence in the record supports the conclusion that Michael Strawser inflicted a number of injuries on Thunder Michael Lightfoot Strawser, which eventually resulted in the child’s death.…