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Home / Courts / Criminal Practice – Constitutional – Ineffective Assistance – Indictment – Conflicting Instructions – Homicide by Child Abuse (access required)

Criminal Practice – Constitutional – Ineffective Assistance – Indictment – Conflicting Instructions – Homicide by Child Abuse (access required)

Bailey v. State The indictment alleged that petitioner killed the child-victim by striking him. During deliberations, the jury informed the court that it found no evidence that petitioner struck the child, and the jury asked about the "omission" part of "act or omission" in the homicide by child abuse statute. Petitioner received ineffective assistance of counsel when defense counsel did not object to the trial judge's supplemental instructions, which allowed the jury to convict petitioner for reasons different from those alleged in the indictment.

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