State of Tennessee v. David Harold Hanson

Case Number
E2006-00883-CCA-R3-CD

The defendant, David Harold Hanson, was convicted of aggravated child abuse a Class A felony, and received a sentence of eighteen years imprisonment. On appeal, the defendant raises the following issues: (1) whether the evidence was sufficient to sustain his conviction; (2) whether the trial court erred in refusing to instruct the jury on the definition of “accidental means” as submitted by the defendant; (3) whether the trial court improperly instructed the jury on the “knowing” element of aggravated child abuse; and (4) whether the trial court erred by giving sequential jury instructions. Following our review of the record, the parties’ briefs and the applicable law, we conclude that the evidence was insufficient to prove that the defendant possessed the requisite mental state for aggravated child abuse; and therefore, we reverse the judgment of the trial court and dismiss the case.

Authoring Judge
Judge J. C. McLin
Originating Judge
Judge James B. Scott, Jr.
Case Name
State of Tennessee v. David Harold Hanson
Date Filed
Dissent or Concur
This is a dissenting opinion
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