Thomas v. State

Banke, Presiding Judge.

Eartha Elizabeth Thomas was indicted for murder but found guilty of felony-grade involuntary manslaughter in connection with the death of her two-year-old foster child. She filed this appeal from the denial of her motion for new trial.

On December 10, 1982, the Department of Family and Children Services (DFACS) placed the child in the appellant’s care as a foster parent. She remained there for approximately three months, until her death on March 24, 1983. A pediatrician who had begun treating the child when the child was 10 months of age, testified that although the…