Eichelberger v. State

Although I agree that this ease should be affirmed, I write to express my view on the issue of whether the trial judge erred by not admitting evidence concerning the “child breath-holding” syndrome. Eichelberger was convicted of aggravated child abuse1 in the death of her two-year old son, Matthew, after he received a severe blow to his head.

The state’s theory was that Eichelberger had inflicted the blow. Her testimony was that her son was the victim of a condition known as the “breath-holding” syndrome. Other witnesses in addition to Eichelberger testified that Matthew would occasionally…