ILNews

Justices will consider corporal punishment case

Michael W. Hoskins
January 1, 2007
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The Indiana Supreme Court will take up the issue of a mother's authority to discipline her child by applying corporal punishment, paving the way for justices to analyze the legal line between parental control and child battery.

Justices granted transfer Wednesday in Sophia Willis v. State of Indiana, No. 49A02-06110-CR-982, which the Indiana Court of Appeals had decided May 17. Appellate judges affirmed the Marion Superior Court judgment finding sufficient evidence to convict Willis, mother of an 11-year-old, of misdemeanor child battery for spanking her son with what's described as either a belt or extension cord.

A reason detailed at trial for the February 2006 incident was that her son took a bag of women's clothing to give to a classmate at school, though a fifth-grade teacher confiscated it and notified the mother. At home, Willis used an extension cord or belt to spank him seven times - to the point of causing bruises or pain. A few days later, he reported still being sore, asked his teacher if "being whipped with an extension cord was child abuse," and requested to see the school nurse who then notified child protective services.

Willis was charged within a week for felony child battery and was convicted after a bench trial in August. Commissioner Danielle Gaughan reduced her conviction to a Class A misdemeanor and sentenced her to 365 days in jail with 357 days suspended to probation. Willis appealed on grounds that insufficient evidence existed to support her conviction.

"We sympathize with Willis's argument that she is a single parent who is doing the best that she can, be we cannot condone her choice to whip her child with an extension cord to the point of causing him pain," the court wrote, noting that it doesn't reweigh evidence and gives deference to the trial court.

In its ruling, the Court of Appeals panel - Chief Judge John Baker and Judges Ezra Friedlander and Terry Crone - noted that Indiana Code section 35-41-3-1 provides a parent has the right to employ reasonable corporal punishment to discipline a child, but there are limits to that right. Appellate judges echoed a past finding that there's "precious little Indiana caselaw providing guidance as to what constitutes proper and reasonable parental discipline of children, and there are no bright-line rules." That sentiment was mentioned in Mitchell v. State, 813 N.E.2d 427 (Ind. Ct. App. 2004), which held that dropping a 4-year-old to the floor and kicking him was child battery.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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