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Compare And Contrast Montgomery Vs Keolbel

404 Words2 Pages

Procedural History
• The State of Minnesota convicted Kelbel in violation of first-degree murder, past pattern of child abuse, and second-degree murder.
• The Supreme Court of Minnesota sentenced Kelbel to life in prison.
• Kelbel first appealed that the jury must find beyond a reasonable doubt that he committed the violations.
• Secondly, Kelbel appealed that the evidence presented was insufficient.
Issue
The question before us is whether the medical examiner found a match between Kelbel and Kailyn Montgomery’s bodily conditions.
Facts
• On December 4, 2000, Kailyn Montgomery died under the supervision of appellant Kyle John Kelbel.
• Officer Mark Aldrich was first to arrive on scene and observed that the two-year-olds lips were blue, skin …show more content…

In violation of Minnesota Statute 609.185 MURDER IN THE FIRST DEGREE
(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:
(5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;
2. In violation of Minnesota Statute 609.19 MURDER IN THE SECOND DEGREE
Subdivision 2. Unintentional murders. Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years: (1) causes the death of a human being, without the intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting;
Reasoning
• Kailyn Montgomery, a minor died due to child abuse.
• The medical examiner proved the child abuse by the internal bleeding and injuries.
Holding
The Supreme Court of Minnesota holds that the evidence was sufficient and agreed with the jury’s verdict. Affirmed. As a result, Kyle John Kelbel (Appellate) is guilty and sentenced to life

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