Tenner v. State

I respectfully dissent. Tenner contends he was entitled to a charge on the lesser-included offenses of criminally negligent homicide and involuntary manslaughter. The events leading to the death of Erica, Tenner’s nine-year-old daughter, began as an attempt to discipline the child for her misconduct at school earlier in the day. There was some evidence Erica was a disciplinary problem. Tenner whipped Erica with a belt and then with a paint stir stick. Erica’s mother was present; in fact, she brought Erica back in the house after the child ran outside following the initial whipping. After the…