This section contains the nature of the case and procedural background.

Minor, was a fourteen-year-old special education student who lived with her mother and the mother's boyfriend, Crouser (D). Minor got in trouble at home because she lied about her attendance and grade records, and D physically disciplined her rather harshly. Minor had a history of making up stories to gain attention. After the discipline session, Minor had trouble sitting and felt dizzy for an hour or so and her bottom hurt for a couple of weeks after the discipline. Minor was sent to the school nurse and told that nurse that she got a spanking from D because of her grades. Minor has severe markings from the session and photos were taken as evidence. D was tried and convicted for abuse of a family member. D appealed.

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