Legal Opinion
State v. Lefevre
New Mexico Court of Appeals
Decided June 27, 2005No. 24,820PublishedCited by 7 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} This appeal requires us to examine the thin line separating the parental discipline privilege and the crime of battery when a parent uses physical force to discipline a child. In this case, a parent angrily grabbed and held onto his child’s hand, causing discomfort and a bruise. We reverse the battery conviction.
BACKGROUND
{2} Twelve-year-old daughter (Daughter) and her younger brother (Son) are the children of parents who had been divorced for several years as of the date of the incident in January 2003 that is the subject of this appeal. They live with their mother.…
2Cases cited13 opinions
- Wisconsin v. YoderSupreme Court of the United States · 1972
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Pierce v. Society of SistersSupreme Court of the United States · 1925
- Prince v. MassachusettsSupreme Court of the United States · 1944
- State v. MoraNew Mexico Supreme Court · 1997
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3Cited by7 opinions
- State v. MatavaleHawaii Supreme Court · 2007
- State v. DENZEL B.New Mexico Court of Appeals · 2008
- State v. DENZEL B.New Mexico Court of Appeals · 2008
- State v. DENZEL B.New Mexico Court of Appeals · 2008
- State v. KikutaHawaii Supreme Court · 2011
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