Paula Martineau & Georganna Lagen, AKA King v. Ron Angelone, Director of Prisons Frankie Sue Del Papa, Attorney General for the State of Nevada

Opinion by Judge GOODWIN

Paula Martineau and Georganna Lagen, Nevada state prisoners, appeal the denial of their petitions for writs of habeas corpus. A Nevada state jury convicted them of involuntary manslaughter and child abuse following the death of Lagen’s 27-month-old daughter, Michelle. The Nevada Supreme Court reversed the manslaughter conviction for insufficient evidence, finding that the state had not proven that either appellant injured Michelle or aided and abetted the other in doing so. King v. State, 105 Nev. 373 , 784 P.2d 942 (1989) (per curium). However, the Nevada Court affirmed the child abuse conviction, concluding that appellants delayed in seeking medical care after Michelle was injured. Id.

On federal habeas, appellants argue (1) that the evidence did not' show that they in fact delayed in seeking medical care; (2) that the state’s use of battered child syndrome testimony violated due process; (3) that the Nevada Supreme Court violated the ex post facto clause by relying on a child abuse statute passed after Michelle’s death; and (4) that the indictment failed to provide adequate notice of the charges because it alleged multiple theories of liability. We…