The defendant was accused of leaving her children alone, resulting in one child's death in a fire. The court found her guilty of negligent homicide and sentenced her to life imprisonment without parole. The defendant appealed, arguing that her prior conviction should not have been used as evidence, and that the mandatory life sentence is unconstitutional. The court reviewed previous cases and applied the agency test, which limits criminal responsibility to direct acts of killing. The court overturned the defendant's conviction for second-degree murder based on criminally negligent lack of supervision and sent the case back to the trial court for resentencing.

State v. Small (2012)
Louisiana Supreme Court
100 So. 3d 797

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