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Criminal Law Keyed to Weaver
Noakes v. Virginia
Facts
Elizabeth Noakes (defendant) ran a day-care service from her home. For three weeks, Defendant had been watching Noah Colassaco (Colassaco), a 15-month-old child who had difficulty getting to sleep. While other children slept, Colassaco stood in the crib and cried. One day, Defendant put Colassaco in the crib for a nap in an upstairs-loft bedroom. Colassaco had been standing and crying for about a half hour when Defendant devised a plan: if Defendant could get Colassaco into a sitting or lying position, Colassaco would fall asleep. Defendant placed a cardboard cover on the crib to prevent Colassaco from standing upright. Defendant next placed a dog crate weighing over 33 pounds on top of the cardboard. Defendant shook the crib a few times to see if the cover was stable. Satisfied that the cover was secure, Defendant left the loft at 1:00 p.m. Three hours later, Defendant returned to the loft and found Colassaco unconscious in the crib. Colassaco was standing, with his head and neck wedged between the cover and the crib. Defendant and emergency-medical personnel could not revive Colassaco.
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