Hunter v. State
2011 Ind. App. LEXIS 985
| Ind. Ct. App. | 2011Background
- Appellant-Defendant Jeffrey Hunter was convicted of Class A misdemeanor battery for disciplining his 14-year-old daughter, B.H.
- Hunter argued the battery was privileged parental discipline, a complete legal defense.
- B.H. had a history of behavioral problems, and Hunter had previously used various discipline methods to correct her conduct.
- On May 20, 2010, after B.H. concealed a forged permission slip to Indiana Beach, Hunter questioned her about the trip and then punished her with a belt, causing visible injuries.
- Trial occurred as a bench trial; Hunter was found guilty and sentenced to 180 days with 170 days suspended; the Court of Appeals affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State rebutted the parental privilege defense | Hunter's discipline fell within privileged parental authority. | State failed to disprove the parental privilege beyond a reasonable doubt. | Yes; State disproved the defense; conviction affirmed. |
Key Cases Cited
- Willis v. State, 888 N.E.2d 177 ((Ind. 2008)) (parens privilige in parental discipline; factors for reasonableness to assess.)
- Wallace v. State, 725 N.E.2d 837 ((Ind. 2000)) (burden-shifting framework for self-defense-related defenses.)
- Tunstill v. State, 568 N.E.2d 539 ((Ind. 1991)) ( State must negate one or more elements of a claimed defense.)
- Brown v. State, 738 N.E.2d 271 ((Ind. 2000)) (parens privilege may be refuted by sufficiency of evidence.)
- Sanders v. State, 704 N.E.2d 119 ((Ind. 1999)) (standard of review for sufficiency of evidence.)