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Turner v. State

The defendant held her hand over her 5-week-old baby's nose and mouth until the child stopped breathing.

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Appellant Quanitta Yvette Turner appeals her convictions related to the death of her five week-old baby.1 Appellant asserts that her convictions should be overturned because she contends the evidence was insufficient and because she contends one of her statements to police was involuntary. For reasons set forth below, we affirm.

1. The evidence viewed in a light most favorable to the verdict shows that on the day in question, appellant called 911 to report that her baby was not breathing. When paramedics arrived, the baby was not breathing and was cold to the touch. At the scene, appellant told authorities she believed she had rolled over on the baby who was sleeping in the bed with her during the night. Although life-saving measures were taken and the baby was transported to the hospital, the baby remained unresponsive and was pronounced dead. The medical examiner testified that the baby had non-fatal injuries to her body at the time of death—an abrasion to her lip, a bruise under her left eye, and bleeding under the skin on the left side and the middle of her back. The medical examiner said the eye injury occurred within three days of the child’s death and the back injury was within 12 hours of death. The medical examiner concluded the injuries were inflicted upon the baby, but opined that they were not fatal and that he could not determine the cause and manner of death in 2007 when the autopsy was first performed. Police failed to follow-up on the case and it lapsed for three years.

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