State v. MillerState v. Miller
In this case, the defendant, Dr. Garland D. Miller, Jr., was found guilty of simple battery, a violation of
DISCUSSION
In his lone assignment of error, Defendant contends there was insufficient evidence for the trial court to find that he was not justified in restraining his daughter and that he was not guilty of simple battery. He argues that he was justified under
Battery is defined as “the intentional use of force or violence upon the person of another.”
However, an offender‘s conduct is “justifiable, although otherwise criminal,” when the “offender‘s conduct is reasonable discipline of minors by their parents.” See
There is substantial conflicting evidence in this case, however our review of the record reflects that on September 2, 1997, Elizabeth Miller, the adopted daughter of Defendant, was in the kitchen when he arrived home. Clearly, Defendant had been drinking, but it is disputed as to whether he was intoxicated. An argument began and escalated to Defendant scolding Elizabeth regarding her dating habits and her refusal to call him “Sir.” Defendant also made disparaging remarks about Elizabeth‘s natural father. Elizabeth, in response, cursed Defendant. This confrontation led to Defendant slapping Elizabeth in the face twice with his open hand. Mrs. Miller, Elizabeth‘s mother and Defendant‘s wife, broke up the altercation, and Elizabeth was sent upstairs.
Minutes later, a second altercation occurred upstairs in Elizabeth‘s bedroom. Again, Defendant berated Elizabeth for
Based on evidence gathered at the scene, Defendant was arrested for simple battery. Elizabeth suffered several knots on her head and forehead, bruises on her body, and scratches on her throat. At some point during the various altercations, Defendant‘s hand was broken from a blow he received during one of the altercations.
In support of Defendant‘s position, testimony established that Elizabeth was a problem child who had engaged in interracial sex and drug use, and had regular confrontations with Defendant. Further, on the night in question, Elizabeth not only cursed Defendant but also threatened him with bodily harm.
Since it is not contested that Defendant committed simple battery upon Elizabeth, the issue we must resolve is whether Defendant proved by a preponderance of the evidence that his actions constituted reasonable discipline. This is a very close case, particularly in light of the conflicting testimony and especially considering the lower burden of proof required to show reasonable discipline. Based on its written reasons, the trial court apparently believed Elizabeth‘s testimony regarding the slapping and choking by her father and disagreed with Defendant that such actions were justified as a reasonable form of discipline. The trial court wrote:
Had this confrontation ended before the choking incident outside, this Court would have found Dr. Miller not guilty on this charge, also. However, this Court believes that the choking of his daughter was not “reasonable discipline” and that Dr. Miller was not justified in choking her. Accordingly, Dr. Miller is found guilty of simple battery of Elizabeth Miller.
When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). The role of the factfinder is to weigh the respective credibility of each witness. Therefore, the appellate court should not second guess the credibility determinations of the factfinder beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino, 436 So.2d 559, citing State v. Richardson, 425 So.2d 1228 (La.1983).
Testimony on both sides reveals that this relationship was volatile. There was constant rebellion and disregard for discipline. However, rebellion and a lack of respect are not sufficient reasons for a parent to discipline his child in any way he sees fit. In State v. Bell, 94-742 (La.App. 3 Cir. 12/7/94); 647 So.2d 498, we considered whether a father who whipped his fifteen year old son with a stick, one inch in diameter by two feet long, was guilty of aggravated battery. The father‘s defense was justification, as in the instant case.
WRIT DENIED.