State v. McKown

475 N.W.2d 63, 1991 WL 183119
CourtSupreme Court of Minnesota
DecidedSeptember 20, 1991
DocketCX-90-766, C1-90-767
StatusPublished
Cited by42 cases

This text of 475 N.W.2d 63 (State v. McKown) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. McKown, 475 N.W.2d 63, 1991 WL 183119 (Mich. 1991).

Opinions

TOMLJANOVICH, Justice.

On May 9, 1989, 11-year-old Ian Lund-man died at his home in Independence, Minnesota.1 Ian’s death was apparently caused by diabetic ketoacidosis, a complication of diabetes mellitus. Ian was occasionally ill in the weeks preceding his death and became seriously ill two or three days before he died.

Kathleen McKown, Ian’s mother, and William McKown, Ian’s step-father, are Christian Scientists. In accord with their religious beliefs, Ian was treated with Christian Science spiritual healing methods throughout his final illness. He did not receive conventional medical care at any time during that illness.

In late September and early October, 1989, the Hennepin County Attorney presented evidence related to Ian Lund-man’s illness and death to the Hennepin County Grand Jury. The grand jurors heard testimony from medical doctors indicating that Ian’s diabetes was apparently treatable through conventional medicine and that his condition probably could have been stabilized as late as two hours before he died. The jurors also heard testimony regarding the nature and practice of Christian Science healing, and regarding the specific healing methods used in treating Ian Lundman.

Following this testimony, the county attorney instructed the grand jury as to the definition of second degree manslaughter.2 Having heard this instruction, two of the jurors asked, “Can you explain child neglect at all. Is there any sort of * * * statute that would apply?” The county attorney replied, “Well, I can read you the statute. There’s a criminal, it’s Minnesota Statute 609.378 * * He then read the entire child neglect statute aloud to the jurors, and asked, “Did that answer your question, ma’am?” The juror who posed the question responded, “Mm-hmm.” 3 After deliberating, the grand jury returned indictments charging both Kathleen and [65]*65William MeKown with second degree manslaughter.4

The McKowns moved the District Court for the Fourth Judicial District, the Honorable Eugene J. Farrell presiding, to dismiss the indictments against them for lack of probable cause, because the indictments violated due process of law and their rights to freely exercise their religious beliefs, and because the grand jury was improperly instructed with respect to the McKowns’ duty of care. The district court dismissed the indictments. It concluded that the child neglect statute and the second degree manslaughter statute were in pari mate-ria, such that the spiritual treatment and prayer exception to the child neglect statute also operated as a defense to the charge of second degree manslaughter. The court determined that the McKown’s rights had been prejudiced because the grand jury was not instructed as to the effect of the spiritual healing and prayer exception. It also concluded that the indictments violated due process of law in that the child neglect statute informed individuals that they might rely on spiritual healing and prayer without violating that statute, but did not state that doing so might expose them to other criminal charges if the treatment failed.

On appeal by the state, the court of appeals concluded that while the child neglect and second degree manslaughter statutes were not in pari materia, the trial court was correct to dismiss the indictments as violations of due process. 461 N.W.2d 720. The court reasoned that the child neglect statute did not provide fair notice of potential liability under other criminal statutes, that it permitted arbitrary enforcement, that the McKowns may well have relied on the spiritual treatment and prayer exception to the child neglect statute in determining the course of their son’s treatment, and that the state had not clearly enough defined when reliance on spiritual healing became criminal conduct.

The state appealed to this court for reinstatement of the indictments charging respondents with second degree manslaughter. It contends that the court of appeals was correct in concluding that the spiritual healing and prayer exception to the child neglect statute does not apply to the second degree manslaughter statute because the two provisions are not in pari materia. It argues that both the trial court and the court of appeals were incorrect, however, in concluding that the indictments violate due process of law.

I

The trial court concluded that the child neglect statute and the second degree manslaughter statute are in pari materia, requiring that they be interpreted in light of one another. We disagree.

“Statutes ‘in pari materia’ are those relating to the same person or thing or having a common purpose.” Apple Valley Red-E-Mix, Inc. v. State, 352 N.W.2d 402, 404 (Minn.1984). Such statutes should be construed in light of one another. See id.; Doe v. State Bd. of Medical Examiners, 435 N.W.2d 45, 49 (Minn.1989). In Doe, this court held that Minn.Stat. § 13.41, Subd. 4 (1986), governing all state licensing agencies, and Minn.Stat. § 147.01, Subd. 4 (1986), which applied specifically to the state Board of Medical Examiners, were indeed in pari materia. The court therefore concluded that a general phrase in section 147.01 could be read to incorporate a similar, but more specific phrase in section 13.41. See id.5

[66]*66Unlike the statutes at issue in Doe, the child neglect and second degree manslaughter statutes are not in pari materia and thus, the spiritual treatment and prayer exception to the former cannot be imported into the latter. The child neglect provision applies specifically to individuals with legal responsibility for a child who wilfully neglect that responsibility and thereby cause the child substantial physical or emotional harm. The statute defining second degree manslaughter, however, permits the state to prosecute anyone who causes the death of another by exposing that person to an unreasonable risk of death or great bodily injury. The two statutes are therefore clearly based on separate and distinct purposes. Further, nothing in the language of either provision suggests they are so closely related as to require they be interpreted in light of one another, and neither contains an explicit mandate to construe them together. See Apple Valley Red-E-Mix, 352 N.W.2d at 406 (that two statutes have different purposes and that neither mentions the other is evidence that the two are not in pari materia).

In State v. Bolsinger, 221 Minn. 154, 21 N.W.2d 480 (1946), the appellant contended that a statute allowing the prosecution of an individual who took the life of another by operating a vehicle in a “reckless or grossly negligent manner,” Minn.Stat. § 169.11 (1941), was unconstitutionally vague. This court disagreed, relying in part on the definitions assigned to “reckless” and “grossly negligent” in other contemporary homicide statutes. See Bolsinger, 221 Minn, at 156, 21 N.W.2d at 486. The court explained that this was appropriate because

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Cite This Page — Counsel Stack

Bluebook (online)
475 N.W.2d 63, 1991 WL 183119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mckown-minn-1991.