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Brown v. State

Counsel's strategic decision to challenge the State's experts on cross-examination, rather than call a defense expert, was not unreasonable and did not constitute deficient performance.

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Linda Brown appeals from her conviction for the malice murder of her three-year-old son, Garry Brown. Appellant contends that the evidence at trial was insufficient to support her conviction and that her trial counsel provided constitutionally ineffective assistance by failing to call a medical expert to testify in her defense. We affirm.1

1. Viewed in the light most favorable to the verdict, the evidence showed the following. On the morning of August 10, 2004, Garry, who had been in Appellant’s sole care for several days, was taken from his home to a hospital by paramedics after suffering a head injury that rendered him non-responsive. A CAT scan revealed that he had a subdural hemorrhage on the right side of his brain that was causing serious swelling and shifting of the brain, an injury typically caused by trauma. Garry also had numerous bruises and scars, several of which were in suspicious locations, such as the inner arm, and one which resembled a human bite mark.

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