v. Struckmeyer

Summary

The court held that guilty verdicts for child abuse committed knowingly or recklessly and child abuse committed with criminal negligence were not legally inconsistent, even if they were logically inconsistent, because the more culpable mental states necessarily establish criminal negligence under the statutory hierarchy. It therefore reversed the court of appeals and remanded for reinstatement of the judgment of conviction. The court also rejected the argument that the defendant's failure to object waived review and reviewed the alleged error for plain error.