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Tag Archives: Homicide by Child Abuse

Criminal Practice – Homicide by Child Abuse – Evidence – Sticks with Protruding Staples – Harmless Error – Photos of Child (access required)

State v. Salley The trial court abused its discretion in admitting into evidence sticks (with staples protruding from them) which were seized from a trashcan outside defendant’s home, when those sticks were only submitted to show the type of instrument that could have caused the child-victim’s injuries.

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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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