Collins

Opinion of the Court by Evans, J.

This case concerns implied malice murder liability based on a parent’s failure to act — specifically, their failure to protect their child from another person’s fatal act. Defendant Brittney Collins was convicted of second degree murder for the death of her two-month-old son, Abel James Norwood, who was killed by his father, Matthew Norwood. Norwood committed the fatal act while Abel was under Norwood’s care and Collins was in another room. Given the facts established at trial, we recognize this is a close case. We hold, however, that the evidence was insufficient to convict Collins of second degree murder. Applying the law governing implied malice murder in the distinct context of a prosecution based on a failure-to-protect theory, the evidence fails to establish Collins harbored the requisite mens rea to convict her of second degree murder under either a direct aider and abettor theory or a direct perpetrator theory. Accordingly, we reverse the judgment of the Court of Appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

Collins and Norwood began their romantic relationship in 2017. Both Collins and Norwood used methamphetamine, and Norwood also used…