The COA reversed Wade's conviction even though the affirmative defense instruction offered by Wade's trial counsel was legally incorrect. The COA held that the district court had a duty to correctly instruct the jury on the defendant's theory of defense. It then explained that the affirmative defense of parental discipline is based on an objective standard:
It is a defense to the charge of battery if a parent's use of physical force upon a child was reasonable and appropriate and with the purpose of safeguarding the child's welfare or maintaining discipline.
Overall, a very good opinion. It is nice to see the court recognize that there are more affirmative defenses than those set forth by the legislature.
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