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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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