Tracy Cannon, Respondent Below, Appellant v. State of Delaware, Petitioner Below, Appellee.

Summary

The court reversed Tracy Cannon’s adjudication for criminally negligent homicide because the evidence did not permit a reasonable factfinder to conclude beyond a reasonable doubt that her brief attack posed a sufficiently apparent risk of death to constitute criminal negligence. The court also held that, even assuming the attack created such a risk, the victim’s unforeseeable cardiac death was too remote and accidental from the risk identified by the Family Court to support negligent causation under section 263. Cannon’s separate, unappealed conspiracy adjudication remained in effect, and the case was remanded for resentencing on that offense alone.