Commonwealth v. Packer
88 Mass. App. Ct. 585
| Mass. App. Ct. | 2015Background
- Conviction of assault and battery against 14-year-old daughter; joint trial with her father; both sought parental discipline defense.
- Daughter lived with defendant and father; biological mother had no ongoing role; daughter treated defendant as her mother.
- Incident occurred March 30, 2011, in kitchen around 5:30 a.m.: defendant struck daughter’s ear, threw her phone, and pulled hair; later, father punched daughter.
- Counselor observed facial injuries after daughter reported the incident; investigation led to charges.
- Judge granted parental discipline instruction for the father but denied it for the defendant; claimed in loco parentis status under O’Connor.; jury acquitted the father; defendant convicted.
- Court reverses judgment, ordering a new trial with potential parental discipline instruction re-evaluated under Dorvil and related standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant entitled to parental discipline instruction, given in loco parentis status | Commonwealth contends no in loco parentis status supported instruction for defendant | Packer argues she stood in loco parentis; defense should be juried | Yes; potential in loco parentis status supported by record and Dorvil framework |
| Whether differential jury instruction between father and mother was prejudicial | Commonwealth argues no unfairness; both denied instruction | Packer argues unfair prejudice from singling her out | Yes; differential instruction constituted reversible error and unfairness |
| Whether evidence supported parental discipline defense under Dorvil | Commonwealth asserts evidence could support discipline defense for both | Packer contends evidence insufficient to raise Dorvil prongs | Evidence could support defense if in loco parentis; nonetheless reversal warranted for trial errors |
Key Cases Cited
- Commonwealth v. Dorvil, 472 Mass. 1 (2015) (parens def: reasonable force; three-prong Dorvil test; burden on Commonwealth to disprove if defense before trier of fact)
- O’Connor v. Commonwealth, 407 Mass. 663 (1990) (in loco parentis status requires standing in for parent; guides defense entitlement)
- Mulhern v. McDavitt, 16 Gray 404 (1860) (early recognition of stepparent in loco parentis in blended families)
- Gribble v. Gribble, 583 P.2d 64 (Utah 1978) (Utah decision cited in Dorvil context for in loco parentis)
- Commonwealth v. Torres, 442 Mass. 554 (2004) (recognizes parental role of nonbiological figures in household)