Affirmative Defense

Subscribe to Affirmative Defense via RSS

Merit Decision: Parent Has Burden of Proving Reasonable Parental Discipline in a Domestic Violence Prosecution. State v. Faggs

By Marianna Bettman on February 25, 2020

“Notably, nothing in either the text of Ohio’s domestic-violence statute or the definition of ‘physical harm’ indicates that the state must prove, as Faggs suggests, that the accused’s actions while inflicting corporal punishment were unreasonable.”

Justice Fischer, opinion of the Court

On February 19, 2020 the Supreme Court of Ohio handed down a merit decision…

What’s On Their Minds: Who Has the Burden of Proving Reasonable Parental Discipline in a Domestic Violence Case? State of Ohio v. Clinton D. Faggs, III

By Marianna Bettman on October 31, 2019

Update: On February 19, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Has the U.S. Supreme Court ever recognized that the right to raise one’s children includes the right to inflict corporal punishment?”

Justice DeWine, to counsel for Faggs

“Why is it unreasonable to put…

Oral Argument Preview: Who Has the Burden of Proving Reasonable Parental Discipline in a Domestic Violence Case? State of Ohio v. Clinton D. Faggs, III

By Marianna Bettman on October 15, 2019

Update: On February 19, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read an analysis of the oral argument here.

On October 23, 2019, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Clinton D. Faggs, III, 2018-1592. At…