State vs Kelbel Case Brief Homework

State vs Kelbel Case Brief Homework

Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse against Kailyn. Kelbel testified that the head injury of Kailyn was inflicted by a cup thrown at her head by step brother Evan. Kelbel also testified that other injuries found on Kailyn were caused by Evan and that he is “rough” with her. Medical examiners ran an autopsy on Kailyn’s body and determined that the injuries had been caused by blunt trauma and force caused by a knee or fist. Medical examiners testified that the injuries caused could not have been caused by a cup thrown at her head or by an accidental fall down the stairs.

Kailyn’s mother, Lindsey, also testified that Kailyn had previous injuries that she became concerned with. Upon retrieving a search warrant, police entered Lindsey’s home to find further evidence. Police found a dent in the wall near Kailyn’s bed. After Kelbel was eventually found guilty of the charges brought, Kelbel filed a motion for a judgement of aquittal and for a new trial on the grounds that the evidence was insufficient to support his conviction. The district court denied the motion. Issue: Kelbel argued that the district court failed to instruct the jury that in order to convict him of first-degree murder, past pattern child abuse, they must find beyond a reasonable doubt that he committed each of the acts that constitutes past pattern child abuse. Moreover, Kelbel argued that his due process rights were violated when the jury was not instructed correctly because Minnesota statute 609.85(5) mirrors the language in 609.85(6), therefore creating multiple elements that must be proven.

Kelbel’s second argument also stated that the evidence against him was insufficient. Reasoning: The rules of statutory construction do not support Kelbel’s argument that “past pattern child abuse” constitutes several elements; therefore the district court’s denial of his motion was fully upon the court’s discretion. The court’s refusal to give the jury Kelbel’s instruction to prove each element of “past pattern child abuse” is also under the court’s discretion. The medical examiner’s testimony revealed that Kailyn died of internal bleeding caused by multiple blows to her abdomen and based on testimonies given by a neighbor and by Lindsey, it was confirmed that Kelbel was alone with Kailyn during the time she received her injuries.

Testimonies given about Kailyn’s injuries before December 4th also reveal that Kelbel was alone with Kailyn during the time she received injuries. Moreover, the court concludes that the testimonies of medical examiners and by Lindsey are sufficient to support the jury’s verdict. Holding: Kelbel’s conflicting explanations for Kailyn’s injuries did not coincide with testimonies given my medical examiners, Lindsey, Olster, and a neighbor, so the court holds that evidence presented is sufficient for the jury to reach a verdict. The court also concludes that the district court did not abuse discretion when refusing to instruct the jury that each element of “past pattern child abuse” must be proven.

Get Best Dissertation Writing Service from StudyAcer

Calculate your paper price
Pages (550 words)
Approximate price: -

Why Work With StudyAcer


Quality Researched Papers

We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.


Qualified Writers

We have hired a team of professional writers experienced in academic and business writing. Most of them are native speakers and PhD holders able to take care of any assignment you need help with.


Unlimited Revisions

If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account.


Prompt Delivery

All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. We will always strive to deliver on time.


Original & Confidential

We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text.


24/7 Customer Support

Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:

How it works?

Follow these simple steps to get your paper done


Place your order

Fill in the order form and provide all details of your assignment.


Proceed with the payment

Choose the payment system that suits you most.


Receive the final file

Once your paper is ready, we will email it to you.

StudyAcer Services

No need to work on essay at night. Sleep tight, we will cover your back. We offer all kinds of essay writing services.

StudyAcer StudyAcer


Essay Writing Service

No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.

StudyAcer StudyAcer


Admission Essays

An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.

StudyAcer StudyAcer


Editing Support

Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.

StudyAcer StudyAcer


Revision Support

If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied.