## Facts

- Geneva Law, an elderly woman with cognitive problems and inability to care for herself, was removed from her condemned home and temporarily lived with her elderly sister.
- Adult Protective Services (APS) became involved when the sister could not provide care; APS contacted Geneva’s son, Warren Law, who agreed to take Geneva into the home he shared with his sister, Mary Law, after which APS closed its file.
- Geneva lived in Warren’s home for about four years.
- Emergency responders later found the residence and Geneva in extreme unsanitary conditions, including strong odors of decay and filth, feces and urine throughout the home, and Geneva lying on a urine-soaked bed on plastic trash.
- Ants and cockroaches were crawling on and around Geneva; she was soaked with urine and feces.
- Medical evidence showed malnourishment, severe bedsores (including one exposing the spine), multiple infections, extensive bruising, and a brain injury; some injuries were described as inconsistent with accidental falls and consistent with trauma.
- Geneva was hospitalized and died about a month later from complications associated with the neglect and injuries.
- The State’s proof indicated Warren knew Geneva lived in his home, was aware of her condition and the home’s condition, and remained in the household as her condition deteriorated over a prolonged period.

## Issues

1. Whether substantial evidence showed Geneva was an “endangered or impaired adult” under Arkansas law.
2. Whether substantial evidence showed Warren was a statutory “caregiver” based on family relationship and voluntary assumption of responsibility.
3. Whether substantial evidence showed Warren “neglected” Geneva by failing to provide necessary care, supervision, or services, resulting in or creating a substantial risk of serious harm.

## Decision

- The Arkansas Supreme Court affirmed the conviction.
- The court held that, viewing the evidence in the light most favorable to the State, substantial evidence supported each challenged element.
- The court treated Warren’s bench-trial motion to dismiss as a sufficiency-of-the-evidence challenge.

## Legal Principles

- On sufficiency review, the court considers the evidence in the light most favorable to the State and affirms if substantial evidence compels the conclusion with reasonable certainty.
- In a bench trial, a motion to dismiss functions like a motion for directed verdict and preserves a sufficiency challenge.
- An “endangered or impaired adult” may be shown by proof that, due to mental or physical impairment, the person cannot protect herself from abuse or neglect.
- “Caregiver” status can be established through a family relationship and voluntary assumption of responsibility to provide care, without a formal contract.
- “Neglect” is supported by proof of a failure to provide necessary care, supervision, or services that results in, or creates a substantial risk of, serious harm; prolonged extreme living conditions and medical consequences may provide strong circumstantial proof.

## Conclusion

The court upheld Warren Law’s conviction because the evidence of Geneva’s impairment, Warren’s assumed caregiving responsibility, and prolonged severe deprivation of basic hygiene, nutrition, and medical attention constituted substantial evidence of criminal neglect under Arkansas law.


Law v. State, 292 S.W.3d 277 (Ark. 2009)