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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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