Commonwealth v. Rubeck

The defendant, Christine M. Rubeck, was convicted by a jury of assault and battery, G. L. c. 265, § 13A, in the Northampton District Court. She appeals, claiming that her counsel was ineffective in not requesting a jury instruction concerning the right of a parent to use reasonable force to discipline a child for the purpose of safeguarding or promoting the child’s welfare. We affirm the conviction.

The incident giving rise to the complaint occurred in the waiting room of the Valley Medical Group in Florence. Rubeck, accompanied by her two year old son, drove a friend, Colleen Barber, to a…