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Evidence keyed to Mueller
State v. Weaver
Facts
Mary Weaver, Defendant, picked up 11-month old Melissa Mathes at the Mathes home at 10:20 AM on January 22, 1993. Defendant called 911 at 11:14 AM and reported that Melissa was not breathing. Melissa died the following day. Melissa had old and new injuries consistent with shaken baby syndrome. Defendant was charged with first degree murder and child endangerment. Her first trial resulted in a hung jury, but she was convicted after she requested a court trial. After her conviction, she moved for a new trial based on affidavits by Robin McElroy and Mistry Lovig. Both affidavits said that Melissa’s mother had said that the Defendant did not hurt Melissa, but Melissa had hit her head on a coffee table at the Mathes home on the morning in question. The court denied the motion concluding that the affidavits were inadmissible hearsay. The Court of Appeals affirmed the conviction, but the Iowa Supreme Court remanded for the trial court to consider a second new trial motion ba sed on affidavits by three other women. At the hearing on the motion, the Defendant offered the live testimony by all five women. The Supreme Court limits the consideration to three of the five affidavits. All three affidavits illustrate that Melissa’s mother indicated that Melissa hit her head that morning and became unconscious. The trial court granted the motion for the new trial
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