McFOLLEY v. State, 289 Ga. 890

McFolley and Henderson were parents of six-month-old Demarcus; McFolley largely cared for the baby while Henderson worked.
Demarcus suffered fatal brain injuries, skull fracture, retinal hemorrhages, and prior rib fracture while in McFolley's care in June 2004.
Medical examiners concluded the injuries were caused by violent shaking and impact, not an accidental fall or regular play.
Dr. Randall Alexander opined the injuries were due to Shaken Baby Syndrome and abuse, not accidental trauma, based on medical analysis and history.
McFolley testified he had rough interactions with the baby, including a past fall and a later fall from a mattress, arguing those events could not explain the injuries.
McFolley was convicted of felony murder and cruelty to children; the trial court merged and sentenced him to life, with post-trial motions denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Dr. Alexander's testimony on abuse was admissible and not an improper ultimate-issue opinion	McFolley argues the testimony invaded the ultimate issue and was inadmissible.	State contends the expert's testimony did not impermissibly usurp the jury's factfinding and was admissible.	Testimony admissible; no ineffective assistance for failure to object.

Collum v. State, 281 Ga. 719 (Ga. 2007) (expert may testify on non-ultimate-fact inferences; ultimate issue remains with jury)
Allison v. State, 256 Ga. 851 (Ga. 1987) (expert opinion required when inference is beyond jury's ken)
Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for convicting beyond a reasonable doubt)