STATE V. WEAVER
554 N.W.2d 240 (1996)
NATURE OF THE CASE: This was an appeal from a conviction of first degree murder.
FACTS: Mary Weaver (D) had picked up Melissa at the Mathes home and less than one hour
later called 911 to report that the child was not breathing. The child died the next day
from respiratory arrest. The autopsy showed that Melissa had old and recent injuries
including a skull fracture, subdural hematoma, bleeding in the brain, and bilateral retinal
hemorrhages which were consistent with shaken baby syndrome. Two doctors thought the skull
fracture was seven to ten days old while another thought it was one to two weeks old and
that the cell death and blood clot in the brain were seven to ten days old. The child also
suffered from acute injuries including diffuse subarachnoid hemorrhage and bilateral
anterior chamber hemorrhage. These conditions resulted shortly before the child was admitted
to the hospital. The first trial ended in a hung jury and the second judge trial ended in a
conviction. D moved for a new trial based on affidavits that claimed the injuries to the
child were the result of hitting its head on the table and not from something D did. That
motion was denied as the affidavits contained hearsay that fit no established exception and
lacked circumstantial guarantees of trustworthiness. The court of appeals affirmed. However,
the Iowa Supreme Court remanded and a new hearing was held with live testimony being offered
by five witnesses. The new trial was granted and the State appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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