Latoyia Smith v. State of Indiana
34 N.E.3d 252
| Ind. Ct. App. | 2015Background
- In April 2013, mother Latoiya Smith discovered her 13-year-old daughter J.W. had reactivated social media and was sexting; Smith had previously imposed progressive nonphysical discipline (school change, grounding, taking devices).
- During a late-night incident after finding J.W. using an iPod, Smith attempted to force J.W. to lie across the bed and struck her with a belt when J.W. resisted; Smith admitted hitting J.W. roughly 10–20 times to arms, shoulder, and legs and at one point reached for a second belt.
- J.W. sustained visible welts, abrasions, and a swollen shoulder; school staff and DCS photographed and documented the injuries shortly thereafter.
- The State charged Smith with battery, a Class A misdemeanor; a bifurcated bench trial resulted in a guilty finding and a 365-day jail sentence suspended to probation.
- Smith appealed, arguing parental-discipline privilege justified her use of force; the trial court found she escalated into a fight and exceeded reasonable parental discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to disprove parental-discipline privilege and sustain battery conviction | State: Smith used unreasonable force (10–20 belt strikes, grabbed second belt, fought with child), causing bodily injury | Smith: Discipline was reasonable and moderate given daughter’s misconduct and prior unsuccessful measures | Court: Evidence sufficient—force was excessive, escalated into fight, beyond parental privilege; conviction affirmed |
Key Cases Cited
- Willis v. State, 888 N.E.2d 177 (Ind. 2008) (establishes parental-discipline privilege and factors for reasonableness of corporal punishment)
- Fettig v. State, 884 N.E.2d 341 (Ind. Ct. App. 2008) (parental legal authority allows reasonable discipline; discusses application)
- Mathews v. State, 892 N.E.2d 695 (Ind. Ct. App. 2008) (parental hitting that continues after child flees can exceed privilege)
- Mitchell v. State, 813 N.E.2d 422 (Ind. Ct. App. 2004) (examples of parental conduct crossing into battery)
- Perrey v. State, 824 N.E.2d 372 (Ind. Ct. App. 2005) (standard of review for sufficiency of the evidence)