Michaelis v. State

2005 WY 80, 115 P.3d 1098, 2005 Wyo. LEXIS 94, 2005 WL 1653952
CourtWyoming Supreme Court
DecidedJuly 15, 2005
Docket04-73
StatusPublished
Cited by3 cases

This text of 2005 WY 80 (Michaelis v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michaelis v. State, 2005 WY 80, 115 P.3d 1098, 2005 Wyo. LEXIS 94, 2005 WL 1653952 (Wyo. 2005).

Opinion

HILL, Chief Justice.

[¶ 1] Patricia Michaelis 1 (Michaelis) challenges the sufficiency of the evidence to sustain her conviction for involuntary manslaughter. Upon review of the record, we affirm.

ISSUE

[¶2] The sole issue in this appeal is whether sufficient evidence exists to uphold Michaelis’ conviction.

STANDARD OF REVIEW

[¶ 3] Our recitation of the factual background of this case is set forth within the context of our standard of review. When reviewing sufficiency of the evidence issues, “[w]e assess whether all the evidence presented is adequate to form the basis for an inference of guilt beyond a reasonable doubt to be drawn by a finder of fact when that evidence is viewed in the light most favorable to the State.” Lopez v. State, 2004 WY 28, ¶ 16, 86 P.3d 851, ¶ 16 (Wyo.2004) (quoting Estradar-Sanchez v. State, 2003 WY 45, ¶ 6, 66 P.3d 703, ¶ 6 (Wyo.2003)).

We leave out of consideration the evidence presented by the unsuccessful party which conflicts with the successful party’s evidence and afford every favorable inference to the successful party’s evidence which may be reasonably and fairly drawn from' that evidence. Even though it is possible to draw other inferences from the evidence presented, the jury has the responsibility to resolve conflicts in the evidence. We will not substitute our judgment for that of the jury when we are applying this rule; our only duty is to determine whether a quorum of reasonable and rational individuals would, or even could, have come to the same result as the jury actually did.

Id.

FACTS

[¶ 4] Michaelis gave birth to a daughter, Aubrey, six weeks prematurely on December 24, 2002. Close to midnight on March 5, 2003, Michaelis put Aubrey to bed using two electric blankets, one red and one green. Michaelis had gotten the blankets from her mother, Patsy Michaelis (Patsy) who had used the blankets with her own children. Patsy knew that the red blanket got hot, “like it was malfunctioning or something.” *1101 Michaelis was aware that the controller on the red blanket was “very touchy” and moved easily from a low temperature to a high one.

[¶ 5] On the morning of March 6, Mi-chaelis missed an appointment and failed to respond to knocks on her apartment door or phone calls. Patsy let herself in and found Michaelis sleeping in the bedroom with a blanket over the window and Aubrey beside her. It was too dark for Patsy to see, so Michaelis got up and removed the blanket from the window. Patsy could observe a purplish color to Aubrey’s face and when Michaelis picked her up, she could see that the purplish color ran down the child’s back. Patsy said, “Oh, my God, I think she’s dead, I’m calling 911.” While Patsy called 911, Michaelis began administering CPR on Aubrey.

[¶ 6] The police and emergency personnel quickly responded, and Aubrey was transported to the hospital. Aubrey, however, was “obviously lifeless,” and resuscitation efforts ended shortly after her arrival. An examination of Aubrey’s body revealed spots on her forehead and back that appeared to have been blisters that had burst. It was not possible, however, to determine whether the spots were caused by thermal blistering or sloughing of the skin due to decomposition. The discoloration on Aubrey’s back was lividity, which was where the blood pooled after it was no longer circulating. Aubrey also had long, linear white pressure marks on her back as if something had been pressed against her body inhibiting the blood from pooling there. Fibers from the red electric blanket were found in her hands and mouth. An autopsy determined that the cause of death was hyperthermia.

[¶ 7] The police officer and emergency personnel who observed Michaelis at her apartment and at the hospital considered her behavior unusual. Michaelis was described as “flat,” “unemotional,” and “easily agitated and irritable.” She had difficulty understanding instructions, and her conversations were fragmented. A police officer believed that Michaelis seemed to be more worried about brushing her hair and finding her shoes than getting to the hospital. A nurse felt that Michaelis appeared angrier about the situation than distraught. That witness believed that Michaelis behaved like someone on amphetamines.

[¶ 8] While at the hospital, Michaelis acceded to a request from the police for blood and urine samples. The blood draw was negative but the urine sample returned positive for marijuana and methamphetamine. Later at trial, the State offered the testimony of Duwayne Skansberg, an addictions therapist with experience treating methamphetamine addicts. Skansberg testified that methamphetamine is a highly- addictive drug that causes an extreme high or rush. He noted that a tolerance is built up to the drug that requires a user to consume more and more of it to attain the high. He stated that the tolerance is built up quickly. Skansberg testified that when the high or rush starts to wear off, a user “crashes.” When crashing, methamphetamine users display symptoms characteristic of paranoid schizophrenics, and they will take steps to avoid being observed, such as nailing blankets over windows. He also noted that people crashing from a methamphetamine high would be easily agitated and irritated and have trouble staying on topic and maintaining a conversation. According to Skansberg, experienced users of methamphetamine are well aware of the effects of a “crash” and will take alcohol and marijuana to cushion its effects. He opined that novice users usually do not mix drugs. Ultimately, Skansberg testified that a “crash” induces an exhaustive sleep from which it is difficult to awaken the person.

[¶ 9] The electric blankets were sent to the Wyoming State Crime Laboratory for testing. A series of experiments were conducted using the blankets with a two-liter plastic bottle that was filled with water at human body temperature. In one scenario, the bottle was placed on top of the green blanket with the red blanket draped loosely over the bottle. The controller on the green blanket was set on medium while the controller on the red blanket was set on high. The temperature in the bottle rose to 105-106 degrees in an eight-hour period. In the second scenario, the red blanket was wrapped around the bottle with the temperature con *1102 trol set on medium. The temperature inside the bottle reached 108 degrees within two hours. After eight hours, the bottle’s temperature was 138 degrees. The red blanket got warm to the touch but never hot enough to burn.

[¶ 10] Michaelis was charged with involuntary manslaughter in violation of Wyo. Stat. Ann. § 6 — 2—105(a)(ii) and (b) (Lexis-Nexis 2005) 1 for the death of her daughter, Aubrey. At trial, the State’s theory was that Michaelis wrapped Aubrey in an overheating electric blanket while Michaelis entered into a methamphetamine “crash” induced exhaustive sleep rendering her incapable of responding to her child’s struggles as the blanket caused the child’s temperature to rise to the point where death was caused by hy-perthermia.

[¶ 11] Michaelis countered that Aubrey’s death was a tragic accident.

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Related

Smith v. State
2009 WY 2 (Wyoming Supreme Court, 2009)
Trevino v. State
2006 WY 113 (Wyoming Supreme Court, 2006)

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Bluebook (online)
2005 WY 80, 115 P.3d 1098, 2005 Wyo. LEXIS 94, 2005 WL 1653952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michaelis-v-state-wyo-2005.