State v. Russell

Harvey L. Russell appeals his conviction for homicide by abuse of his 20-month-old son. He makes 33 assignments of error, challenging the constitutionality of the statute, a claimed lack of unanimity in the verdict, and his exceptional sentence. He also claims evidentiary errors, insufficiency of the evidence, ineffective assistance of counsel, and improper reference to his post -Miranda silence. We affirm.

Derik Russell was bom on July 29, 1987, to Harvey Russell and Marsha Antonelli. Derik died on March 18, 1989. He lived with his parents for only 8 to 9 months of his short life, spending…