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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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