Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs March 14, 2017
from the Circuit Court for Rutherford County No. M-73182
Royce Taylor, Judge
Defendant, Daniel Inmon, was indicted by the Rutherford
County grand jury with four counts of educational neglect,
Tennessee Code Annotated sections 49-6-3001 to -3006, a class
C misdemeanor, for failing to cause his four children to
attend school for a period of seventeen days. He was
subsequently convicted as charged and sentenced to thirty
days supervised probation for each count, to be served
consecutively. On appeal, the Defendant argues that the
evidence was insufficient to sustain his convictions. Upon
our review, we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
Imon, Murfreesboro, Tennessee, pro se.
Herbert H. Slatery III, Attorney General and Reporter; M.
Todd Ridley, Assistant Attorney General; Jennings H. Jones,
District Attorney General; and John Zimmermann, Assistant
District Attorney General, for the Appellee, State of
Camille R. McMullen, J., delivered the opinion of the court,
in which Norma McGee Ogle and Robert W. Wedemeyer, JJ.,
CAMILLE R. McMULLEN, JUDGE
September 17, 2015, the Defendant attempted to turn himself
into the Rutherford County Sheriff's Office for not
taking his children to school but was unable to do so. In
response, Officer Mathew Harvey of the Murfreesboro Police
Department went to the Defendant's home to perform a
child welfare check. Upon arrival, Officer Harvey encountered
the Defendant, who was cordial and aware of the
children's absence from school. Officer Harvey intended
to issue a misdemeanor citation in lieu of the
Defendant's arrest for the instant offense, but the
Defendant insisted on "going straight to jail so that he
could talk to the Magistrate." The Defendant told
Officer Harvey that his children had been absent from school
because "there was a form that the school asked them to
fill out [and] he refused to sign it."
Farris with Murfreesboro City Schools testified that she was
responsible for maintaining the city school attendance
records for 2014. She obtained the records for the
Defendant's four children. The Defendant stipulated that
his children had not attended school "since August 22,
" and the records were admitted into evidence. The
records showed that all four of the Defendant's children
had been absent from school for over seventeen days. The
Defendant's children did not miss school due to a medical
condition, and they were not enrolled in any other type of
Wilkerson, the principal at Cason Lane Academy in
Murfreesboro, testified that the Defendant's home was
zoned for Cason Lee Academy and his children attended the
school in 2014 and 2015. Based on the age of the children,
they were subject to the compulsory school attendance laws.
Principal Wilkerson said the last day the children attended
school was on August 22, 2014, but they attended a half day
of school on August 5, 2015. The Defendant did not provide
the school with any formal excuse accounting for the absence
of the children.
if he knew any reason why the Defendant kept his children
from attending school, Principal Wilkerson replied
There was a -- first of all, there was a homework policy on
the part of our third grade teachers. And it had been a long
standing policy that in order to encourage children to return
paperwork documents that were sent home to be signed and
returned to the school, there was a provision within this
homework policy that would have after a certain number of
days resulted in a missed assignment.
A missed assignment would be considered basically a zero on
homework assignment that would be -- it constituted 10
percent of the grade, the homework assignments in general.
So, those missed assignments were -- it was a way to try and
encourage communication between ...