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Posted by: Chandra Williams on Jul 27, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard Strong (on appeal); and Kelly Young and Holly Troutman (at trial), Nashville, Tennessee for the appellant, Donald W. Higgins III.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The defendant, Donald W. Higgins III, appeals his Davidson County Criminal Court jury conviction of aggravated child neglect, claiming that the evidence is insufficient to support his conviction, that the trial court erred by admitting photographs of the victim?s injuries, that the trial court erred by refusing to play at trial a portion of his recorded pretrial interview with the police, that the trial court erred by refusing to instruct the jury that a violation of the duty to report was a lesser included offense of aggravated child neglect, and by imposing a Range II sentence. Because the evidence adduced at trial was insufficient to support the defendant?s conviction of aggravated child neglect, that conviction is reversed, and the charge is dismissed.