245 P.3d 1083
Kan. Ct. App.2010Background
- Wade was charged with misdemeanor battery against his 15-year-old son, J.W., in Kansas.
- Wade argued he was lawfully disciplining his son at the time of the incident.
- The trial court denied Wade’s request to instruct the jury on the affirmative defense of parental discipline.
- Voir dire and opening statements framed the case as whether discipline or excessive force occurred.
- Evidence showed J.W. sustained facial and head injuries; Wade admitted striking but claimed it was discipline.
- The jury convicted Wade; on appeal, Wade challenged the absence of a parental discipline instruction; court reversed and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parental discipline is a cognizable defense needing instruction | Wade | State | Parental discipline is a common-law defense and required instruction |
Key Cases Cited
- State v. Hendrix, 289 Kan. 859 (2009) (requires instructions on defense theory if evidence supports it)
- State v. McIver, 257 Kan. 420 (1995) (due process concern for failure to instruct on defense)
- State v. Ninci, 262 Kan. 21 (1997) (due process review for instructional error)
- State v. Bourassa, 28 Kan. App. 2d 161 (1999) (limitations on instructional error review)
- State v. Severns, 158 Kan. 453 (1944) (recognition of parental discipline defense in common law)
- Keser v. State, 706 P.2d 263 (Wyoming 1985) (jury instruction on reasonable and appropriate physical force as defense)
- Bowers v. State, 283 Md. 115 (1978) (common-law parent-child discipline defense)
- Willis v. State, 888 N.E.2d 177 (Ind. 2008) (common-law defenses aligned with discipline concept)
- Lefevre v. State, 138 N.M. 174 (2005) (common-law defense related to parental discipline)
- Wilder v. State, 748 A.2d 444 (Me. 2000) (parallels on parental discipline defense)