Georgia Supreme Court overturns rest of Newton County mother’s conviction in 2-week-old’s death

NEWTON COUNTY, Ga. — The Georgia Supreme Court reversed the final charge against a Newton County mother who was once convicted of killing her newborn daughter.

Christopher McNabb and Cortney Bell were convicted in 2019 for the 2017 murder of their 2-week-old daughter, Caliyah. The jurors found Bell guilty of murder in the second degree, cruelty to children in the second degree and felony contributing to the dependency of a minor as a result of her death.

[DOWNLOAD: Free WSB-TV News app for alerts as news breaks]

Bell appealed her conviction and the Georgia Court of Appeals reversed the murder and cruelty to children charges last year. On Tuesday, the Georgia Supreme Court reversed her final charge.

“Because we conclude based on the facts of this case that the evidence was insufficient to authorize a jury to conclude that Caliyah’s death was not proximately caused by Bell’s conduct as alleged in the indictment, we reverse the judgement of the Court of Appeals,” Justice John J. Ellington wrote in the unanimous opinion.

TRENDING STORIES:

• 2 arrested for helping escaped Ga. inmates, stealing Dodge Challenger getaway car, warrants show
• Here are the Atlanta restaurants that now have a MICHELIN Star
• Roommate reveals new details about death of 21-year-old who drank Panera ‘charged lemonade

During the trial, prosecutors said McNabb and Bell were using methamphetamine and in a violent relationship when they killed their daughter.

Based on evidence of her alleged drug history, the Georgia Court of Appeals upheld Bell’s conviction on the contributing to the dependency of a minor charge. However, the Georgia Supreme Court determined in its ruling that the evidence was insufficient.

“In summary, the evidence here showed that Bell went to sleep one night, checked on Caliyah early the next morning, and went back to sleep for four and one-half hours. The evidence further showed that while Bell slept, McNabb committed a violent crime that the State conceded was the direct and immediate cause of Caliyah’s death,” Ellington wrote.

The Georgia Supreme Court previously upheld McNabb’s murder conviction. McNabb was sentenced to life in prison without parole for the murder and an additional 10 years for concealing the newborn’s death.

[SIGN UP: WSB-TV Daily Headlines Newsletter]

IN OTHER NEWS

Georgia Supreme Court sends abortion ban case back to Fulton judge, law remains in effect

©2023 Cox Media Group