ANCHORAGE, Alaska (AP) – Manslaughter and criminally negligent homicide charges have been dismissed against an Anchorage man in the malnutrition death of his girlfriend’s daughter.

Anchorage television station KTVA reports Anchorage Superior Court Judge Kevin Saxby concluded there were constitutional issues with the indictment of Timothy Hulsey.

Saxby based the ruling on a Court of Appeals decision where judges declined to assign legal responsibility for a child to the child’s step-parent.

The indictment stemmed from the May 2017 malnutrition death of 2-year-old Gabriella Marlow.

Prosecutors charged Hulsey and Marlow’s mother, 37-year-old Stephanie Hamburg, in the case.

Hulsey’s defense attorney argued that Hulsey had no legal duty to the girl, and as Hamburg’s boyfriend, had no authority to control the girl’s diet or take her to a doctor.

Hamburg remains in custody.

Information from: KTVA-TV,

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