People v. Nelson

Defendant pled guilty to aggravated battery of a child, having confessed that he shook his 7-month-old son, who was diagnosed with "shaken baby syndrome". Infant's injuries and resulting motor deficits were profound and largely irreversible. More than 5 years later, while Defendant was in prison, child was found face-down in a pillow, and he had suffocated to death. State charged Defendant with child's murder. State's theory was that child was face-down because he rolled over in his sleep was contradicted by his mother's testimony that he was unable to roll over on his own. State failed to carry its burden that no supervening cause was responsible for child's death. (McBRIDE and COBBS, concurring.)