State of Tennessee v. Nelson Aguilar Gomez and Florinda Lopez
2012 Tenn. LEXIS 291
| Tenn. | 2012Background
- Couple jointly charged with two counts of felony murder and three counts of aggravated child abuse for death of their infant daughter.
- Trial evidence shows alleged injuries occurred between 10:00 p.m. and 3:00 a.m. while Gomez was with the child; Lopez worked overnight.
- Lopez testified in her own defense; defense did not anticipate questions about Gomez’s assaults on Lopez; court allowed cross-examination about domestic violence after opening the door.
- Trial court sua sponte ruled that Gomez’s question opened the door to cross-exam about Lopez’s knowledge of Gomez’s assaults and allowed such cross-examination.
- Jury convicted Lopez of two counts of facilitation of first-degree murder and two counts of aggravated child abuse; Gomez’s related convictions existed, with one aggravated child abuse conviction later overturned on appeal.
- Court of Criminal Appeals affirmed most rulings; Tennessee Supreme Court reversed Lopez’s conviction, holding Gomez’s assaults on Lopez were inadmissible and the door was not properly opened, remanding for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Gomez’s assaults on Lopez as evidence about Lopez’s knowledge | Lopez; knowledge element supported by prior assaults | Gomez; prior assaults admissible to show knowledge | Admissibility rejected; error not harmless |
| Whether Lopez’s knowledge could be element of charged offenses under 2007 law | Lopez’s knowledge required for child abuse/neglect? | Knowledge not required under 2007 statute | Knowledge not an element in 2007 statute; assaults irrelevant to liability |
| Whether opening the door allowed admission of inadmissible evidence | Cross-exam opened the door | Door opened by Lopez’s statement | Door opening not valid; admission improper |
| Whether admission of the assaults was harmless error | Evidence contributed to guilt | Limited impact | Not harmless; reversed and remanded for new trial |
Key Cases Cited
- State v. DuBose, 953 S.W.2d 649 (Tenn. 1997) (relevance of evidence; limits under Rule 401/402)
- State v. Gilliland, 22 S.W.3d 266 (Tenn. 2000) (abuse of discretion standard for evidentiary rulings)
- State v. West, 844 S.W.2d 144 (Tenn. 1992) (credibility and cross-examination limits)
- State v. Nesbit, 978 S.W.2d 872 (Tenn. 1998) (instruction limiting credibility considerations when cross-examining witnesses)
- State v. Reece, 637 S.W.2d 858 (Tenn. 1982) (impeachment vs. substantive use of prior statements)