Does a defendant have a parent's right to parent and right of free expression in a criminal case?

California, United States of America


The following excerpt is from People v. Winkler, D067975 (Cal. App. 2016):

6. In Hamlin, the court held the defendant's right to parent and right of free expression was not infringed by his conviction of misdemeanor child abuse based on "willfully inflict[ing] unjustifiable mental suffering" where the evidence established he falsely told his children (who were of unspecified age) their grandfather was a child molester and leader of satanic cult who intended to abduct or kill them, and that the grandfather and children's mother had molested them in the past. (People v. Hamlin, supra, 170 Cal.App.4th at pp. 1421, 1442-1444.)

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