Hermanson v. State
Supreme Court of Florida
604 So.2d 775 (1992)
- Written by Craig Conway, LLM
Facts
William and Christine Hermanson (defendants) were practicing members of the Christian Science Church. The Hermansons’ religious beliefs prohibited the Hermansons from seeking or accepting conventional medical treatment for health-related issues. The Hermansons’ daughter, Amy, had untreated juvenile diabetes that eventually resulted in Amy’s death. On the day of Amy’s death, the Hermansons called for a Christian Science nurse who, after examining Amy, recommended that an ambulance be called. An ambulance was summoned, but Amy died shortly thereafter. The Hermansons were charged with child abuse resulting in third-degree murder for failing to provide Amy with necessary medical treatment. At trial, the Hermansons argued that they were legitimately practicing their faith in accordance with a state statute that exempted from the child-abuse statute any parental conduct committed in furtherance of the parents’ religious beliefs. The prosecution countered that the Hermansons were not legitimately practicing their religious faith, because the Hermansons had called for a nurse and an ambulance, contrary to the Christian Science Church’s prohibition against conventional medical treatment. Additionally, the trial court rejected the Hermansons’ claim that their right to due process had been violated by the lack of notice of when their conduct became criminal. The Hermansons were convicted, sentenced to four-year suspended sentences, and ordered to serve 15 years on probation. The Hermansons appealed. The appellate court affirmed the judgment of the trial court. The Supreme Court of Florida granted certiorari to review.
Rule of Law
Issue
Holding and Reasoning (Overton, J.)
What to do next…
Here's why 778,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.