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STATE v. GOMEZ

No. M2008-02737-SC-R11-CD.

367 S.W.3d 237 (2012)

STATE of Tennessee v. Nelson Aguilar GOMEZ and Florinda Lopez.

Supreme Court of Tennessee, at Nashville.

April 24, 2012.

Attorney(s) appearing for the Case

Jeffrey Allen Devasher , Nashville, Tennessee (on appeal); J. Michael Engle and Mary Kathryn Harcombe (at trial), for the appellant, Florinda Lopez.

Robert E. Cooper, Jr. , Attorney General and Reporter; Gordon W. Smith , Associate Solicitor General; Clark Bryan Thornton , Assistant Attorney General, for the appellee, State of Tennessee.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., and GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

A mother and father were jointly tried on two counts of felony murder and three counts of aggravated child abuse as a result of the death of their child. Only the mother testified in her own defense. During direct examination, the mother did not testify about prior incidents in which the...

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