RALEIGH, N.C. -- North Carolina Supreme Court justices will stay out of the case of a father who was convicted of paddling his son who wouldn't eat his dinner, then had the conviction reversed. 

  • Dean Varner is convicted of paddling son; conviction later reversed
  • Child had bruises on his leg and limped for days
  • A new trial is to be set for the father

The justices heard arguments last month, but wrote Friday they wouldn't weigh in after all. They didn't give a reason, so a state Court of Appeals opinion ordering a new trial for Dean Varner of Lee County remains in place.

Jurors found Varner guilty of misdemeanor child abuse, but the lower appeals court said the trial judge didn't instruct the jury properly on what "moderate'' punishment meant. 

Paddling left bruises on the leg of Varner's 10-year-old son and he limped for days. The state argued jurors had the ability to decide whether corporal punishment crossed over to a crime.

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