Practice Area:Criminal Defense
Outcome:Post Conviction relief granted by Missouri Court of Criminal appeals. Case reversed - new trial ordered and defendant pled to time served.
Description:Defendant convicted of murder of two-year old child by blunt force trauma. During post-conviction proceedings experts were used to show that death was likely the result of innocent "shaking baby" syndrom that occured when defendant attempted to dislodge a french fry when baby was choaking. Trial defense counsel ignored the explanation and tried to show defendant was not responsible. Held: trial defense counsel was ineffective for failure to prsent shaking baby defense.