ILNews

Man isn't entitled to parental privilege defense

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In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.

In Jason McReynolds v. State of Indiana, No. 82A01-0809-CR-432, Jason McReynolds appealed his conviction of Class D felony battery of a person less than 14 years of age after he spanked Yavonne Wasson's 7-year-old son with a belt and wooden clothes hangers with metal prongs after the boy wet himself.

McReynolds lived with Wasson and her two children and agreed to baby-sit them while she was at work, provide them transportation to and from school, and to assist with homework. He usually asked her permission before disciplining the children.

McReynolds claimed the evidence is insufficient to support his conviction and to rebut the parental privilege defense, which is a complete defense to the battery of a child.

Although he is not a parent of the boy, McReynolds argued that common law provides some custodians with the right to use reasonable corporal punishment in disciplining a child.

Analyzing its ruling in Dayton v. State, 501 N.E.2d 482, 485 (Ind. Ct. App. 1986), in which it determined custodians who are persons in loco parentis have the right to use corporal punishment, the Court of Appeals ruled in the instant case that McReynolds isn't a person in loco parentis.

He wasn't a stepparent or romantically involved with Wasson; he didn't act as a father figure nor have the responsibilities of one; and he didn't make parental decisions on his own or even in conjunction with Wasson, wrote Judge Terry Crone.

However, even if the appellate court determined he was entitled to assert the parental privilege defense, his use of force in this case was unreasonable based on Willis v. State, 888. N.E.2d 177, 182 (Ind. 2008).

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. 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.

  4. 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???

  5. 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?

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