This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant, Ginger Raby, was convicted of three counts of battery upon a healthcare worker and one count of assault upon a healthcare worker. These charges arose from an incident in the emergency room of a hospital where the Defendant hit and attempted to hit several healthcare workers while seeking admittance to the hospital's inpatient psychiatric unit (paras 1, 3).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Appellant (Defendant): Argued that the evidence was insufficient to support her convictions, the district court erred in denying her request to instruct the jury on assault and battery as lesser included offenses, and raised issues of ineffective assistance of counsel and errors in jury instructions (para 1).
- Appellee (State): Contended that the evidence presented at trial was sufficient to support the Defendant's convictions and opposed the Defendant's request for jury instructions on lesser included offenses of assault and battery (paras 5, 20).
Legal Issues
- Whether the evidence was sufficient to support the Defendant's convictions for battery and assault upon healthcare workers.
- Whether the district court erred by denying the Defendant's request to instruct the jury on the lesser included offenses of assault and battery.
Disposition
- The Court of Appeals held that the evidence was sufficient to support the Defendant's convictions but found reversible error in the district court's denial of the Defendant's request to instruct the jury on the lesser included offenses of assault and battery. Consequently, the Court reversed the Defendant's convictions and remanded for a new trial (para 2).
Reasons
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Per Jonathan B. Sutin, with Linda M. Vanzi and M. Monica Zamora concurring:Sufficiency of the Evidence: The Court concluded that, when viewed in the light most favorable to the verdict, there was sufficient evidence to support a reasonable inference that the Defendant knew the victims were healthcare workers, thus supporting her convictions (paras 6-14).Lesser Included Offense Issue: The Court found that assault and battery are lesser included offenses of the crimes for which the Defendant was convicted. It held that there was a reasonable view of the evidence that could have led the jury to conclude that the Defendant did not know the victims were healthcare workers, which would make instructions on the lesser included offenses of assault and battery appropriate. The failure to provide these instructions constituted reversible error, necessitating a new trial (paras 15-28).
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