Sivo v. Wall, No. 10-1836 (1st Cir. 2011)Annotate this Case
Petitioner, convicted of first-degree child abuse in Rhode Island state court, was denied habeas corpus by the district court. Petitioner was watching his girlfriend's two-and-one-half-year-old child when the child became increasingly ill. It was later determined that the child, who survived, incurred a subdural hematoma and was suffering increased intercranial pressure that threatened his life. Petition claimed that the child, who did not show signs of prior abuse, was prone to falling and had fallen down stairs. The First Circuit affirmed, stating that the evidence was circumstantial, but substantial.