State v. Adler

7 Citing cases

  1. State v. Burton

    No. E2015-00879-CCA-R3-CD (Tenn. Crim. App. Jun. 9, 2016)   Cited 4 times

    " State v. Cynthia Denise Smith, No. 1153, 1990 WL 134934, at *3 (Tenn. Crim. App., Knoxville, Sept. 20, 1990).Id., slip op. at 9; accord State v. Kathryn Lee Adler, No. W2001-00951-CCA-R3-CD, 2002 WL 1482704, at *6 (Tenn. Crim. App. Feb. 19, 2002) (rejecting vagueness challenge to term "neglect" by relying on Tyaneshia Turner), perm. app. denied (Tenn. Sept. 9, 2002). Given the plain meaning and the previous judicial interpretations of the word neglect, we agree that the statute is sufficiently clear to put an ordinary person of common intelligence on notice that it is a crime to knowingly fail to provide reasonable attention or supervision to a child where such an omission results in an adverse effect to the health and welfare of the child.

  2. State v. Tumlin

    No. E2013-01452-CCA-R3-CD (Tenn. Crim. App. Dec. 15, 2014)   Cited 1 times

    This Court has previously held that reckless endangerment is a lesser-included offense of aggravated child neglect. See State v. Kathryn Lee Adler, No. W2001-00951-CCA-R3-CD, 2002 WL 1482704 (Tenn. Crim. App., at Jackson, Feb. 19, 2002), perm. app. denied (Tenn. Sept. 9, 2002).

  3. State v. Gold

    No. E2012-00387-CCA-R3-CD (Tenn. Crim. App. Aug. 15, 2013)   Cited 3 times

    Crim. App. July 8, 2011) (affirming the conviction for aggravated child neglect when the defendant's failure to seek medical attention until after victim stopped breathing caused injury to his brain from the lack of oxygen and the defendant's "failure to seek medical treatment after the first seizure posed a substantial risk of death"). Relying on State v. Kathryn Lee Adler, No. W2001-00951-CCA-R3-CD, 2002 WL 1482704, at *5 (Tenn. Crim. App. Feb. 19, 2002), the State insists that the elements of aggravated child neglect were met because the victim experienced extreme physical pain due to Gold's failure to seek prompt medical treatment. In our view, Kathryn Lee Adler is distinguishable from Gold's case because the evidence in that case showed that the defendant's failure to seek medical care increased the victim's risk of serious bodily injury.

  4. State v. Dorantes

    No. M2007-01918-CCA-R3-CD (Tenn. Crim. App. Nov. 30, 2009)

    The evidence showed that Dorantes knowingly failed to provide the victim with any medical assistance which resulted in the victim's serious bodily injuries. See e.g. State v. Kathryn Lee Adler, No. W2001-00951-CCA-R3CD, 2002 WL 1482704 at * 5 (Tenn.Crim.App., at Jackson, Feb. 19, 2002) (stating that although evidence did not show that the victim's injury "was a result of the convicted offense of aggravated child neglect rather than child abuse, it clearly establishe[d] that the victim was subjected to "a substantial risk of death" and "extreme physical pain" due to the defendant's neglecting to seek prompt medical attention.") app. denied (Tenn. Sept. 9, 2002).

  5. State v. Farris

    No. W2005-01021-CCA-R3-CD (Tenn. Crim. App. Nov. 22, 2005)

    Therefore, any claim of error pertaining to sentencing cannot be addressed by this Court. See State v. Kathryn Lee Adler, No. W2001-00951-CCA-R3-CD, 2002 WL 1482704, at *6-7 (Tenn.Crim.App., Jackson, Feb. 19, 2002) (holding that the defendant waived consideration of whether sentence was excessive by failing to provide the appellate court with a transcript of the sentencing hearing). Accordingly, we conclude that the Defendant's sentencing issue is waived.

  6. State v. Frey

    No. M2003-01996-CCA-R3-CD (Tenn. Crim. App. Oct. 6, 2004)   Cited 13 times
    Holding that testimony of 1.8 grams of cocaine, a stack of cash, and absence of drug paraphernalia constituted circumstances from which jury could reasonably infer intent to sell

    The Defendant did not include in the appellate record submitted to this Court the transcript of the sentencing hearing. Because the Defendant failed to prepare an adequate record on appeal by omitting the sentencing hearing transcript, any claim of error pertaining to sentencing cannot be addressed by this Court. See State v. Adler, No. W2001-00951-CCA-R3-CD, 2002 WL 1482704, at *7, (Tenn.Crim.App., Jackson, Feb. 19, 2002) (holding that the defendant waived consideration of whether sentence was excessive by failing to provide the appellate court with a transcript of the sentencing hearing). Accordingly, we deem both issues raised in this appeal pertaining to the Defendant's sentencing to be waived. Based on the foregoing analysis, we find that all issues raised on appeal are either without merit or have been waived.

  7. State v. Goodman

    No. M2001-02880-CCA-R3-CD (Tenn. Crim. App. Apr. 1, 2003)   Cited 1 times

    A few examples should be illustrative. In State v. Kathryn Lee Adler, No. W2001-00951-CCA-R3-CD, 2002 Tenn. Crim. App. LEXIS 141 (Tenn.Crim.App. at Jackson, Feb. 19, 2002) (rehearing denied Sept. 9, 2002), a child suffered accidental, yet serious, burns in a bathtub. The defendant did not seek medical attention for the burns for 72 hours, resulting in harm to the child.