Sturgeon v. State

OPINION

joined by KELLER, P.J., and MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ.

Rosana and Robert Dale Peek were tried together for injuring their daughter. After both sides closed, the defense sought to reopen the case. The judge denied the request. The appellate court *73found no error because the Peeks did not demonstrate that “the evidence would have materially changed the case.” The Peeks contest the appellate court’s use of the “material change” analysis. We conclude that this is the appropriate analysis.

I

The Peeks were accused of injuring their 4-month-old baby Serena by…