Overton, Hannah Ruth, 2014 Tex. Crim. App. LEXIS 971

Four-year-old A.B. died of salt poisoning; the trial framed liability as either a forced ingestion/omission or an undiagnosed developmental condition with self-ingestion, without lesser-included offenses instructed.
Jury conviction was for capital murder without instructions on lesser-included offenses.
In the habeas corpus proceeding, Overton raises multiple constitutional claims including Brady and ineffective assistance; the concurring opinion agrees she is entitled to relief and a new trial.
Brady disputes include alleged withholding of A.B.’s vomit low-sodium evidence and nondisclosure of Dr. Cortes’s medical records; the lead prosecutor’s inconsistent memory and conduct are highlighted.
Defense representation was fragmented across five attorneys with poor communication, failure to obtain Dr. Moritz’s deposition, and missed opportunities to present crucial expert testimony.

Issue	Plaintiff's Argument	Defendant's Argument	Held
IAC—failure to present Dr. Moritz	Overton asserts ineffective assistance.	State argues no prejudice shown.	Yes, ineffective assistance; prejudicial.
Brady—exculpatory vomit evidence	Prosecution withheld vomit exhibit data.	Defense not properly informed.	Brady claims not resolved; relief tied to IAC.
Brady—Dr. Cortes records	State concealed Cortes’s medical records.	No material impact on outcome.	Not resolved separately; context supports relief.
Defense counsel performance—lesser-included offenses	Failure to pursue lesser offenses harmed defense.	Strategic choice not properly advised.	Court notes overall ineffective performance.
Procurement and management of defense experts	Multiple lawyers created communication failures.	No single leading attorney.	Defective performance contributing to unreliability.

McKinney v. State, 207 S.W.3d 366 (Tex. Crim. App. 2006) ( lesser-included offense decision and sufficiency considerations)
Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective-assistance of counsel standard)