State v. Tanner

Tawnya, the three-year-old daughter of Kathy Tanner (defendant), died of a subdural hematoma related to various contusions. An autopsy report indicated that Tawnya had bruises all over her body. When Tawnya was brought into the hospital unconscious, she had a brain injury caused by a substantial amount of force. Tawnya died the next day without ever waking up. Tanner’s explanation for Tawnya’s injuries was that Tawnya fell from a slide while playing in a park. Tanner was convicted of manslaughter and sentenced to between one and 15 years in prison. Tanner appealed, arguing that some evidence that was admitted at her trial should not have been and that the evidence presented was not sufficient to sustain the verdict. At trial, the court had permitted expert testimony on battered-child syndrome, which showed an absence of an accidental injury, and permitted evidence of Tanner’s prior acts and Tawnya’s prior injuries to demonstrate Tanner’s pattern of behavior toward Tawnya. Battered-child syndrome was characterized in part by various injuries to a child that were in different stages of healing and a significant discrepancy between the medical findings and a caregiver’s explanation for the injuries. Four qualified experts testified regarding Tawnya’s severe injuries, with one identifying Tawnya as a battered child. Regarding prior bad acts, Tawnya’s significant other, Leland Foote, testified that Tanner was always extreme in her discipline of Tawnya, throwing her against walls, kicking her, and so forth. On the day that Tawnya was brought to the hospital, Foote indicated that he heard two loud thuds as if something was thrown to the floor or against a wall. Foote entered the room where Tanner was to find her watching television and Tawnya on the floor, unconscious. There was additional testimony regarding Tawnya’s prior injuries when, at only three months old, Tawnya was brought to a hospital with multiple fractures, including some spiral fractures. Tanner’s explanation at that time was that Tawnya had fallen off a couch.