Cotton v. Commonwealth

BUMGARDNER, Judge.

A jury convicted Danielle L. Cotton of murder while in the commission of felony child abuse and neglect in violation of Code §§ 18.2-33 1 and -371.1. 2 The victim was the defendant’s four-month-old son, Tyler, who died from shaken baby syndrome. The defendant contends (1) the felony murder doctrine creates a conclusive presumption of malice, (2) felony child abuse cannot be a predicate offense for felony murder, (3) death was not a “serious injury” as required by Code § 18.2-371.1, and (4) the evidence was insufficient to prove criminal agency. For the following reasons, we…