New Mexico Supreme Court
State v. Nichols
November 19, 20152016 NMSC 1
Summary
The Court reversed Jeremy Nichols's conviction for negligent child abuse based on medical neglect and ordered the charge dismissed with prejudice. It held that the State failed to present substantial evidence that delayed medical care caused Kaden's death or that Nichols acted with reckless disregard for Kaden's welfare. The Court also explained that, in the context of medical neglect, charging both causing and permitting endangerment creates confusion because the theories describe the same failure to obtain necessary care.