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Nixon v. State

The circumstantial evidence supported the defendant's felony murder conviction for the death of his 2-month-old son.

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The appellant, Tayari Nixon, appeals from his conviction for the felony murder of his two-month-old son, Savieon Nixon.1 On appeal, Nixon’s sole contention is that the evidence is insufficient to support his conviction. Because we conclude the evidence is sufficient, we affirm. On September 15, 2006, Savieon Nixon was born to Denise Blake and Nixon. Savieon lived in an apartment in Douglas, Georgia, with his parents and Ms. Blake’s two-year-old daughter. At 12:33 p.m. on November 22, 2006, emergency medical personnel left the local hospital in response to a 911 call by Ms. Blake reporting that Savieon was not breathing. The emergency medical personnel arrived at the apartment at 12:35 p.m., discovered that Savieon had no pulse, and immediately transported him to the hospital without performing any advanced measures due to the short ride to the hospital. The emergency room physician at the local hospital stated that Savieon arrived at the hospital about 12:30, had no pulse, and had a body temperature of 92.5 degrees. Hospital staff spent about an hour unsuccessfully attempting to revive Savieon before pronouncing him dead.

Savieon’s body was taken to the Moultrie Crime Lab for an autopsy. Dr. Anthony Clark, the medical examiner, found many different injuries, some fresh and some old. According to Dr. Clark, deciding the time of an injury involves a medical estimate, and a fresh injury is one that could have occurred within minutes or up to ten or twelve hours ago.

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