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STATE v. McKOWN

Nos. CX-90-766, C1-90-767.

475 N.W.2d 63 (1991)

STATE of Minnesota, Petitioner, Appellant, v. Kathleen Rita McKOWN, William Lisle McKown, Respondents, Mario Victor Tosto, Defendant.

Supreme Court of Minnesota.

September 20, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, Atty. Gen., St. Paul, Michael Freeman, Hennepin County Atty. and Michael Richardson, Asst. County Atty., Hennepin County Attorney's Office, Minneapolis, for appellant.

Peter J. Thompson, Thompson & Lundquist, Minneapolis, for Kathleen McKown.

Ronald J. Riach, Peterson, Franke & Riach, Roseville, for William McKown.

Peter M. Lancaster, Timothy E. Branson, Dorsey & Whitney, Minneapolis, amicus for Minnesota Civ. Liberties Union.

Terrence J. Fleming, and Ansis V. Viksnins, Lindquist & Vennum, Minneapolis, amicus for Church of Christ — Scientist.

Heard, considered, and decided by the Court en banc.

TOMLJANOVICH, Justice.

On May 9, 1989, 11-year-old Ian Lundman died at his home in Independence, Minnesota.1 Ian's death was apparently caused by diabetic ketoacidosis, a complication of diabetes mellitus. Ian was occasionally ill in the weeks preceding his death and became seriously ill two or three days before he died.

Kathleen McKown, Ian's mother, and William McKown, Ian's step-father, are Christian Scientists. In accord with...

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