This section contains the nature of the case and procedural background.

Mary Weaver (D) had picked up Melissa at the Mathes home and less than one hour later called 911 to report that the child was not breathing. The child died the next day from respiratory arrest. The autopsy showed that Melissa had old and recent injuries including a skull fracture, subdural hematoma, bleeding in the brain, and bilateral retinal hemorrhages which were consistent with shaken baby syndrome. Two doctors thought the skull fracture was seven to ten days old while another thought it was one to two weeks old and that the cell death and blood clot in the brain were seven to ten days old. The child also suffered from acute injuries including diffuse subarachnoid hemorrhage and bilateral anterior chamber hemorrhage. These conditions resulted shortly before the child was admitted to the hospital. The first trial ended in a hung jury and the second judge trial ended in a conviction. D moved for a new trial based on affidavits that claimed the injuries to the child were the result of hitting its head on the table and not from something D did. That motion was denied as the affidavits contained hearsay that fit no established exception and lacked circumstantial guarantees of trustworthiness. The court of appeals affirmed. However, the Iowa Supreme Court remanded, and a new hearing was held with live testimony being offered by five witnesses. The new trial was granted, and the State appealed.

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