Hall v. State

I dissent to denial of rehearing in this case, 482 N.E.2d 1185 (Ind.App.1985), and would raise a question of fundamental error. The Halls were members of the Faith Assembly religious sect. They were convicted of reckless homicide and neglect of a dependent in the death of their month old son. Our decision affirming both convictions was handed down September 26, 1985.

At that time we were unaware of our Supreme Court’s decision in Howard v. State (1985), Ind., 481 N.E.2d 1315. Howard was convicted in the trial court of neglect of a dependent as a Class B felony and battery resulting in serious…