Ross was convicted of murder in the death of her foster child, DeJohn Speed. The child died from head trauma and numerous internal and external injuries.

Ross argued that she was denied the effective assistance of counsel because her attorney did not call a witness to testify that the child had FAS. Although the argument is not entirely clear, it appears Ross was claiming that FAS would have caused the child to injure himself. The appellate court rejected this claim because there was not evidence that any medical expert would actually testify the child had FAS. 1996 WL 208476 at *7.

See also State v. Ross, 1994 WL 750593 (Minn. Dist. Ct.), holding that Ross would be allowed to adduce evidence that the child had FAS.