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Elrod v. State

The trial court did not err in allowing the state's expert witness to respond to a hypothetical scenario which the evidence supported.

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Billy Scott Elrod was convicted of cruelty to a child in the first degree.1 He appeals, alleging that the trial court erred by overruling his objection to portions of the testimony of one of the State’s expert witnesses and by refusing to charge the jury on the lesser included offense of simple battery. He also contends that trial counsel provided ineffective assistance by failing to call an expert witness to rebut the testimony of the State’s expert witness. Finding no error, we affirm the judgment of conviction but remand the case to the trial court for a hearing on Elrod’s ineffective assistance of counsel claim.

Viewed in favor of the verdict,2 the record shows that Elrod and his co-defendant, Katherine Scott Barlow, began a romantic relationship in approximately November 2010.3 Elrod lived on the ground floor of a two-story, single-family residence in Cartersville and rented out most of the top floor, reserving the right to use the bathroom and kitchen on the top floor. . The entire downstairs part of the house featured a cement floor, including Elrod’s bedroom, where he kept a crib for his six-month-old son, who would occasionally visit. Barlow lived with her mother a short distance away, but by December, she began spending nights at Elrod’s house and introduced Elrod to her children, A. M. and L. M., who were three years old and twenty months old, respectively, on the date of the incident.

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