State of Tennessee v. Nelson Aguilar Gomez and Florinda Lopez

OPINION

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 father assaulted her. On cross-examination, father’s counsel asked the mother whether she believed the father was capable of “hurting” the victim. The trial court ruled sua sponte that counsel for the father…