1. Is it a violation of due process for a trial court to deny a motion for judgment of
acquittal when there is no proof of cause of death in a prosecution for Murder of a
Child by a Parent by Failure or Refusal to Provide Necessities, pursuant to W. Va. Code
§61-8D-2(a) (2011)?

2. In a prosecution in which cause of death is an element, is it a violation of Brady v.
Maryland, 373 U.S. 83 (1963) for the prosecution to withhold an opinion from an
expert that it would be impossible to testify as to cause of death?

Is it a violation of due process for a trial court to deny a motion for judgment of acquittal when there is no proof of cause of death in a prosecution for Murder of a Child by a Parent by Failure or Refusal to Provide Necessities, pursuant to W. Va. Code §61-8D-2(a) (2011)?