Article Figures & Data
Tables
- Table 1
Cases of Women Charged With Child Abuse–Related Crimes for Substance Use During Pregnancy
Year Case Defendant State Court Level Charge Substance Related to Charge Neonatal Outcome Procedural History Legal Outcome 1977 Reyes v. Superior25 Margaret Velasquez Reyes California State court of appeals Child endangerment Heroin Heroin withdrawal Trial court denied a motion to dismiss the charge. The appellate court reversed the denial. Pretrial dismissal 1991 State v. Gethers26 Cassandra Gethers Florida State court of appeals Child abuse Cocaine Neonatal death The appellate court affirmed the trial court's dismissal of the charge. Pretrial dismissal 1991 People v. Hardy27 Kimberly Hardy Michigan State court of appeals Child abuse; delivery of a controlled substance Cocaine Small for gestational age and premature The circuit court dismissed the child abuse charge, but denied a motion to dismiss the delivery charge. The appellate court reversed the denial to dismiss the delivery charge. Pretrial dismissal 1992 State v. Luster28 Darla Michelle Luster Georgia State court of appeals Delivery of a controlled substance Cocaine No adverse effects reported The appellate court affirmed the trial court's dismissal of the charge. Pretrial dismissal 1992 Johnson v. State29 Jennifer Clarise Johnson Florida State supreme court Delivery of a controlled substance to a minor Cocaine No adverse effects reported Johnson was convicted at trial. The appellate court certified a question to the state supreme court as to whether the relevant statute applied to a drug that was transmitted via the umbilical cord in the time after delivery before the cord was clamped. The state supreme court found that the statute did not apply, and the conviction was overturned. Conviction overturned 1992 State v. Gray30 Tammy Gray Ohio State supreme court Child endangerment Cocaine Hospitalized several days after birth for cocaine withdrawal symptoms The state supreme court affirmed the denial of prosecution issued by the lower appellate court. Pretrial dismissal 1993 Commonwealth v. Welch31 Connie Welch Kentucky State supreme court Child abuse Oxycodone Drug withdrawal symptoms Welch was convicted at trial. She was sentenced to five years for abuse and two years for drug possession to run consecutively. The appellate court affirmed the possession conviction and vacated the abuse conviction. The state supreme court affirmed the appellate court's decision. Conviction overturned 1994 Sheriff, Washoe County, Nevada v. Encoe32 Cathy Encoe Nevada State supreme court Child endangerment Methamphetamine No adverse effects reported The district court granted Encoe's pretrial writ of habeas corpus. The state supreme court affirmed the order. Pretrial dismissal 1994 Collins v. State33 Debra Ann Collins Texas State court of appeals Reckless injury to a child Cocaine Cocaine withdrawal Collins was convicted on a plea of nolo contendere and sentenced to one year. The appellate court overturned the conviction. Conviction overturned 1995 Reinesto v. Superior Court34 Teresa Lopez Reinesto Arizona State court of appeals Child abuse Heroin Hospitalized for one month for heroin withdrawal Trial court denied a motion to dismiss the charge. The appellate court reversed the denial. Pretrial dismissal 1996 Dunn v. State35 Selena Dunn Washington State court of appeals Criminal mistreatment Cocaine Premature birth, small size (4 pounds, 9 ounces at birth), placenta abruptio, and blindness The trial court dismissed the charge. The appellate court affirmed. Pretrial dismissal 1997 Whitner v. State16 Cornelia Whitner South Carolina State supreme court Criminal child neglect Cocaine No adverse effects reported Defendant pleaded guilty and was sentenced to eight years. She filed a petition for postconviction relief, which was granted on the basis of ineffective counsel and lack of subject matter jurisdiction. The state supreme court reversed. The U.S. Supreme Court denied her writ of certiorari. Conviction upheld 2003 McKnight v. State17 Regina Denise McKnight South Carolina State supreme court Homicide Cocaine Stillbirth The first trial resulted in a mistrial. Defendant was convicted at the second trial and sentenced to 20 years, suspended to 12 years. The state supreme court affirmed the trial court's ruling. The U.S. Supreme Court denied her writ of certiorari. Later defendant won postconviction relief at the state supreme court for ineffective assistance of counsel after the court found that her lawyer failed to introduce expert testimony about placental infection as a potential cause of fetal death. She agreed to plead guilty in exchange for an agreement that she would be sentenced to time served (8 years) rather than face a new trial.46 Conviction upheld on appeal, though defendant later received relief. 2005 State v. Aiwohi36 Tayshea Aiwohi Hawaii State supreme court Manslaughter Methamphetamine Neonatal death After her motions to dismiss the charges were denied by the trial court, defendant was convicted on a nolo contendere plea. The state supreme court reversed the trial court's denial of the motion to dismiss. Conviction overturned 2005 Richards v. State37 Jessica Renee Richards Tennessee State court of appeals Attempted aggravated child abuse Methamphetamine No adverse effects reported Richards pleaded guilty and was sentenced to 12 years. Her motion for postconviction relief for ineffective counsel based on failure to inform her that her conduct fell outside the scope of the law was denied. The appellate court reversed the denial. Conviction overturned 2005 Richards v. Tennessee37 Jennifer Lynne Horine Tennessee State court of appeals Attempted aggravated child abuse Methamphetamine No adverse effects reported Like Richards (see previous case), Horne pleaded guilty and was sentenced to 12 years. She joined Richards' motion for postconviction relief as above. Conviction overturned 2006 Kilmon v. State38 Regina Kilmon Maryland State court of appeals Reckless endangerment Cocaine Baby small (5.5 pounds) Kilmon pleaded guilty and was sentenced to four years. The state court of appeals granted certiorari, joining her case with Cruz's. The convictions were overturned in each case. Conviction overturned 2006 Kilmon v. State38 Kelly Lynn Cruz Maryland State court of appeals Reckless endangerment Cocaine Baby small (3 pounds 2 oz) and premature (29 weeks) Cruz was convicted at trial and sentenced to five years. Her appeal was joined with Kilmon's, as above. Conviction overturned 2006 State v. Martinez39 Cynthia Martinez New Mexico State court of appeals Felony child abuse Cocaine Baby “borderline” small for gestation age and premature (36 weeks) Martinez's motion to dismiss was denied by the trial court. She was convicted on entering a conditional plea of guilty. The appellate court reversed the denial of the motion to dismiss. Conviction overturned 2007 State v. Wade40 Janet S. Wade Missouri State court of appeals Child endangerment Methamphetamine and marijuana No adverse effects reported The appellate court affirmed the trial court's dismissal of the charge. Pretrial dismissal 2007 State v. Hudson41 Lisa Ann Hudson Tennessee State court of appeals Aggravated child abuse and neglect Cocaine Cocaine withdrawal Trial court denied a motion to dismiss the charge. The appellate court reversed the denial. Pretrial dismissal 2009 State v. Geiser42 Michelle Behles Geiser North Dakota State supreme court Child endangerment Prescription drugs (not specified) Stillbirth The trial court denied a motion to dismiss the charge. Defendant was convicted on entering a conditional guilty plea. The state supreme court reversed the denial. Conviction overturned 2010 Cochran v. Commonwealth43 Ina Cochran Kentucky State supreme court Child endangerment Cocaine No adverse effects reported The appellate court reversed the trial court's dismissal of the charge. The state supreme court reversed the appellate court. Pretrial dismissal 2013 Ankrom v. State18 Amanda Helaine Kimbrough Alabama State supreme court Chemical endangerment of a child Methamphetamine Died 19 minutes after birth The trial court denied Kimbrough's motion to dismiss the charge. She pleaded guilty and was sentenced to 10 years. The appellate court affirmed her conviction. The state supreme court, joining her appeal with Ankrom's (see following case), affirmed the appellate court. The U.S. Supreme Court denied Kimbrough's writ of certiorari. Conviction upheld 2013 Ankrom v. Alabama18 Hope Elisabeth Ankrom Alabama State supreme court Chemical endangerment of a child Cocaine No adverse effects reported The trial court denied Ankrom's motion to dismiss the charge. She pleaded guilty and was sentenced to three years in prison, suspended to one year's probation. The appellate court affirmed her conviction. The state supreme court joined her case with Kimbrough's and affirmed her conviction. Conviction upheld 2013 State v. Stegall44 Alexis Stegall North Dakota State supreme court Child endangerment Methamphetamine No adverse effects reported The state supreme court affirmed the trial court's dismissal of the charges. Pretrial dismissal 2013 State v. Stegall44 Chelsea Hettich North Dakota State supreme court Child endangerment Methamphetamine No adverse effects reported The state supreme court affirmed the trial court's dismissal of the charges. Pretrial dismissal 2013 State v. Stegall44 Kimberlie Nicole Lamon North Dakota State supreme court Child endangerment Methamphetamine No adverse effects reported The state supreme court affirmed the trial court's dismissal of the charges. Pretrial dismissal 2015 Arms v. State45 Melissa McCann Arms Arkansas State supreme court Introduction of a controlled substance into the body of another person Methamphetamine Drug withdrawal symptoms The trial court denied defendant's motion to dismiss the charge. She was convicted at trial and sentenced to 20 years. The court of appeals affirmed her conviction. The state supreme court reversed. Conviction overturned