Legal Opinion

Brenda L Morris v. State of Florida

District Court of Appeal of Florida

Decided October 6, 2017No. 17-0552PublishedCited by 1 opinion

1Opinion of the CourtOsterhaus, J.

Teacher’s aide Brenda L. Morris appeals her misdemeanor battery conviction arising from the discipline of a combative young student outside a pre-kindergarten classroom in Pensacola. We reverse because the jury acquitted Ms. Morris" of child abuse, and it wasn’t" otherwise a crime for Ms. Morris to have non-abusively touched the student during this incident.

I

In March 2016, an ESE teacher at -Lincoln Park Elementary School could, not get a combative four-year-old student to stop acting out. The student stood on top of a table inside the classroom, kicked, spat, threw blows, and called the…

2Cases cited10 opinions

  1. Rupp v. BryantSupreme Court of Florida · 1982
  2. State v. EspinosaSupreme Court of Florida · 1996
  3. State v. D.T.W.District Court of Appeal of Florida · 1983
  4. Raford v. StateSupreme Court of Florida · 2002
  5. Kyree Luis Perez v. State of FloridaDistrict Court of Appeal of Florida · 2016

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3Cited by1 opinion

  1. Rivera v. The City of JacksonvilleDistrict Court, M.D. Florida · 2024

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