On Feb. 5, 1996, Etirza Eversley took her infant son Isaiah to a nearby clinic, where a nurse saw he was having trouble breathing. The nurse suspected pneumonia, but the clinic lacked equipment to verify this. The nurse summoned a doctor, and both told Eversley to take Isaiah to a hospital emergency room immediately. She did, but there was a line, so she decided to leave instead. Eversley went to sleep with Isaiah and later awoke to find Isaiah was not breathing. She summoned help, but when paramedics arrived the baby's body was cold, apparently dead for some time. Eversley was tried and convicted of manslaughter and felony child abuse, but the trial judge reduced the conviction to misdemeanor child abuse. The Second District Court reversed and reinstated the felony convictions, and Eversley appeals.