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Court split on mother's battery conviction

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In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.

In Janella Matthew v. State of Indiana, No. 49A05-0801-CR-17, Court of Appeals Judges Margret Robb and Patricia Riley affirmed Janella Matthew's Class A misdemeanor battery conviction against her 12-year-old daughter, J.M.

The daughter had misbehaved all day and hit her brother in the face, cursed at her mother, and then locked herself in the bathroom. Matthew got into the bathroom, hit J.M. on her legs and arm with a closed fist, and later hit the daughter several more times with her fist and a belt. She even tried to remove a blanket J.M. was wearing to get a better shot at her daughter with a belt. J.M. later testified the blows from her mother hurt.

The state presented sufficient evidence to prove that Matthew was guilty of battery against her daughter and found her actions toward her daughter didn't constitute reasonable corporate punishment. Matthew's repeated hitting of J.M. with a belt and a closed fist was not reasonable, Judge Robb wrote.

Chief Judge John Baker dissented in a separate opinion, finding that in light of the Supreme Court's recent decision in Willis v. State, No. 888 N.E.2d, 177, 180 (Ind. 2008), the Court of Appeals should have reversed her conviction. Although he agrees in principle with the result reached by the majority, the facts of the Willis case and the instant case are similar, he said. Both children were repeatedly warned by their parents to stop misbehaving and used progressive forms of discipline before resorting to striking their children repeatedly.

The chief judge agrees that the Supreme Court's decision constitutes a change in Indiana's policy toward child abuse, and even writes in a footnote that it's troubling that Indiana is headed in such a direction of allowing corporal punishment without directive from the legislature to do so.

While Chief Judge Baker wrote the trial courts in both cases concluded the mothers went beyond the boundary of reasonableness, the Supreme Court has instructed the appellate court to second-guess those conclusions as a matter of law. As such, he believes the court is compelled to reverse Matthew's conviction in light of Willis.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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