Cortney Bell v. State, 362 Ga. App. 687

Infant victim (two weeks old) disappeared from Bell and McNabb’s trailer on the morning of October 7, 2017; her body was found the next day in a drawstring bag ~856 feet from the trailer, wrapped in a blanket, having sustained fatal blunt-head trauma.
McNabb (the father) had a gym/drawstring bag containing the body and some of his clothing; McNabb was later convicted of malice murder; his appeal is pending.
Bell lived with McNabb; both had drug use in the household, McNabb was physically abusive toward Bell, and Bell left the eight‑day‑old infant with relatives for short periods.
Investigators found no signs of forced entry at the trailer; Bell and McNabb gave multiple statements asserting they had last seen the baby after a 5:00 a.m. feed and later discovered the child missing around 10:30 a.m.
A jury convicted Bell of second‑degree murder, second‑degree cruelty to children (merged into murder), and felony contributing to the dependency of a minor (death-enhanced).
On appeal the Court of Appeals reversed the murder and cruelty convictions as unsupported by the evidence, but affirmed the felony contributing to dependency conviction (finding Bell’s neglect created a foreseeable risk of death).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency for 2nd‑degree murder (murder while committing 2nd‑degree cruelty)	State: Bell’s neglect (drug use, leaving infant with relatives, enabling a violent, drug‑involved household) made her a party to or proximate cause of fatal head injuries.	Bell: No evidence she inflicted or aided the blunt‑force trauma; reasonable hypothesis she was asleep/unaware when child was taken.	Reversed — evidence insufficient to prove Bell caused or was a party to the blunt‑force killing.
Sufficiency for 2nd‑degree cruelty to children (inflicting blunt‑force trauma)	State: same negligent/omissive conduct supports cruelty charge.	Bell: No proof she inflicted cruelty or intentionally aided/encouraged it; circumstantial evidence does not exclude innocence.	Reversed — evidence insufficient to show Bell inflicted or was party to the blunt‑force trauma.
Sufficiency for felony contributing to dependency of a minor (death‑enhanced)	State: Bell willfully failed to provide proper care (chronic drug use, unsafe, violent home), and that neglect foreseeably created a risk of serious injury or death.	Bell: Her conduct did not proximately cause the death; she was not shown to have caused or aided the fatal assault.	Affirmed — jury could find Bell’s willful neglect exposed the infant to a foreseeable risk of death; conviction under OCGA § 16‑12‑1(d.1)(1) sustained.

Jackson v. Virginia, 443 U.S. 307 (1979) (establishes standard for sufficiency review).
Glenn v. State, 278 Ga. 291 (2004) (reversed mother's conviction where circumstantial evidence permitted reasonable hypothesis she was unaware while boyfriend inflicted fatal injury).
Johnson v. State, 269 Ga. 840 (1998) (reversed conviction where circumstantial proof failed to exclude reasonable hypothesis defendant was unaware of fatal abuse).
Landell v. State, 357 Ga. App. 207 (2020) (restating Jackson standard and appellate review of sufficiency).
Cisneros v. State, 299 Ga. 841 (2016) (presence, companionship, and conduct may support inference of party liability).
Skaggs v. State, 278 Ga. 19 (2004) (criminal proximate‑cause test: accused’s act must play a substantial part and result be reasonably probable).
Williams v. State, 298 Ga. 208 (2015) (affirming liability where defendant’s placement of drugs within children’s reach created foreseeable risk of death).
Virger v. State, 305 Ga. 281 (2019) (example where parental conduct and failure to seek aid supported conviction and causation findings).