Vice v. State

On this direct appeal from convictions and sentences for aggravated child abuse and child neglect, Alisha Nicole Vice argues the trial court erred in allowing the state to introduce “similar fact evidence” on the purported authority of section 90.404(2)(a), Florida Statutes (2006). We reverse and remand for a new trial.

Dr. Alexa Canady, the pediatric neurosurgeon called to the Intensive Care Unit to treat then three-month-old J.C.H. upon his admission to the hospital on April 5, 2007, described the baby’s injuries as the result of “classic non-accidental trauma,” of a type formerly said to…