CONVICTION OVERTURNED CA - Mirabelle Thao-Lo, 7 wks, killed in microwave oven, Sacramento, 17 March 2011

Conviction overturned in 2021.
Was defendant Ka Yang’s behavior due to epilepsy, or was it a result of postpartum depression? Attorneys for the 29-year-old defendant presented evidence of her history of seizures, while the prosecution presented expert witnesses who attributed the murder to “baby blues,” or a common disorder after childbirth that can cause mood swings, anxiety, and insomnia.

Acting Presiding Justice Elena Duarte of the Third Appeal District of the State of California, called this “an excruciatingly tragic case.” She ruled on the defendant’s appeal on July 28 when she reversed Yang’s first-degree murder conviction. She wrote that the expert testimony about postpartum depression was not harmless error and was improperly admitted because it included medical records not directly related to relevant medical issues. Duarte wrote, “The issue was and needed to remain whether the killing was the product of the seizure disorder.”


ETA more links
MSM
Decision from FindLaw
https://caselaw.findlaw.com/court/ca-court-of-appeal/2138506.html
 
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