State of Tennessee v. Reginald Dewayne Tumlin

A Hamilton County jury convicted the Defendant, Reginald Dewayne Tumlin, of two counts of child abuse, one count of criminally negligent homicide, and one count of aggravated child neglect. The trial court imposed an effective sentence of sixty years in the Tennessee Department of Correction. The Defendant asserts that: (1) the trial court erred when it failed to compel the State to make an election of offenses; (2) the trial court failed to instruct the jury that reckless endangerment and attempted aggravated child neglect are lesser-included offenses of aggravated child neglect; (3) the evidence is insufficient to sustain his convictions; (4) the trial court improperly admitted medical testimony about the victim’s injuries; (5) the State engaged in prosecutorial misconduct; (6) the trial court improperly instructed the jury on flight; and (7) the cumulative effect of these errors deprived the Defendant of a fair trial. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.