State v. Brown
Tennessee Supreme Court
836 S.W.2d 530 (1992)
Brown (defendant) was the father of a child with severe speech problems and developmental delay. A neighbor heard Brown and his wife fighting one night, ending in a loud thump against a wall; hours later, Brown's wife called for an ambulance, claiming the child had fallen down stairs and was struggling to breathe. The child was dead by the time paramedics arrived. An autopsy revealed multiple skull fractures and brain swelling, and a neurosurgeon testified the injuries resulted from severe shaking; other findings were consistent with a pattern of ongoing abuse and neglect. Brown was convicted of first-degree murder and child neglect and appealed.
Whether an individual who does not intend his child's death, but has abused the child many times before, satisfies the premeditation requirement for first-degree murder.