State v. Miller
1999 WL 826055, 746 So.2d 118 (1999)
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Rule of Law:
A parent's use of force against a child is not justified as reasonable discipline when it is excessive, such as choking, and therefore can constitute the crime of simple battery.
Facts:
- Dr. Garland D. Miller, Jr., who had been drinking, arrived home and began arguing with his adopted daughter, Elizabeth Miller.
- The argument concerned Elizabeth's dating habits and her refusal to call him "Sir."
- In response to Elizabeth cursing at him, Dr. Miller slapped her in the face twice with his open hand.
- The confrontation continued through different parts of the house and eventually moved outside to the driveway.
- In the driveway, after Elizabeth again uttered obscenities, Dr. Miller pinned her to the ground and choked her.
- As a result of the altercations, Elizabeth suffered knots on her head, bruises on her body, and scratches on her throat.
- Testimony indicated Elizabeth had a history of being a "problem child," including drug use and regular confrontations with Dr. Miller.
Procedural Posture:
- Dr. Garland D. Miller, Jr. was charged with simple battery.
- Following a bench trial, the trial court found Dr. Miller guilty.
- Dr. Miller sought a writ of certiorari from the Court of Appeal of Louisiana, Third Circuit.
- The Court of Appeal initially granted the writ and reversed the conviction, finding Dr. Miller's actions constituted reasonable discipline.
- The State's application for rehearing before the Court of Appeal was denied.
- The State then filed an application for a writ of certiorari with the Louisiana Supreme Court.
- The Louisiana Supreme Court granted the State's writ and remanded the case back to the Court of Appeal for briefing, argument, and a full opinion.
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Issue:
Does a parent's act of choking his daughter during a confrontation constitute reasonable discipline under La.R.S. 14:18(4), thus justifying an act that would otherwise be a simple battery?
Opinions:
Majority - Gremillion, Judge
No. A parent's act of choking his daughter does not constitute reasonable discipline and is not a justifiable defense to a charge of simple battery. While Louisiana law provides an affirmative defense for parents using reasonable discipline, the defendant must prove by a preponderance of the evidence that the conduct was, in fact, reasonable. The court defers to the trial court's factual determination that while the earlier slapping might have been justifiable, the act of choking the child was not 'reasonable discipline.' Citing the principle from State v. Bell, the court affirmed that parental discipline is only justified when it is reasonable, and the determination of reasonableness is a matter for the factfinder. The appellate court will not overturn this finding unless no rational trier of fact could have reached that conclusion.
Analysis:
This case clarifies the limits of the parental discipline justification defense under Louisiana law. It establishes that certain forms of physical force, specifically choking, fall outside the bounds of what can be considered 'reasonable' discipline. The ruling emphasizes the high degree of deference appellate courts give to the trial court's factual findings, particularly regarding the reasonableness of a parent's actions. This decision serves as a precedent that while physical discipline is not per se illegal, it is subject to a strict reasonableness standard that excludes acts which are inherently dangerous or excessive.
