Strengthening Constitutional Self-Government

No Left Turns

No penalty

Jonah Goldberg put this out on The Corner with no comment. I also have no comment. Beware.

Discussions - 5 Comments

Thenewspaper story continues:

The abortion charge turned into a legal headache for prosecutors because Virginia’s statute has remained untested for nearly 50 years. Skinner’s lawyer, Kevin E. Martingayle, argued on Monday that in two similar Florida and Georgia cases, the courts sided with mothers who shot themselves and aborted their children.

In the Florida case, an unwed teenager about 26 weeks pregnant shot herself in 1994. Her baby lived for 15 days. The state Supreme Court ruled in 1997 that a pregnant woman couldn’t be held criminally liable for killing her fetus.

In a 1998 Georgia case, the Georgia Courts of Appeals also sided with a mother who shot herself, resulting in the death of her fetus.

"If you put the Georgia statute next to the Virginia statute, ... the language is almost word for word (identical) ... ," Martingayle said.

Prosecutors argued against the dismissal. But they found themselves on unstable legal ground: There isn’t a similar case in Virginia or elsewhere that convicted a mother for aborting her own child. The prosecutor’s office now has to decide whether to accept the dismissal or opt for a grand jury indictment, Deputy Commonwealth’s Attorney Marie Walls said after the hearing Monday. An indictment means that the grand jury would need to conclude there’s enough evidence against Skinner to send the case to trial. Walls wouldn’t say whether prosecutors want Skinner indicted on different charges.

Here’s the decision in the 1998 Georgia case. This seems to be a case of judicial restraint, if the Virginia law is identical to the Georgia law.

From More clarity on abortion Posted by Joseph Knippenberg: In other words, abortion is last-ditch birth control in almost every case. All those in favor of abortion as a form of birth control, raise your hands.

All those in favor of shooting a full term baby in utero as a form of birth control, raise your hands.

See also this and this, noting carefully the exception written into the latter.

So one day later this shooting becomes murder?
Clear as mud.

"Beware"?? What, is the woman still running around with the gun, heading your way?

So, are you guys thankful to the Lord that the woman survived, so that maybe she can be executed for murder now?

Leave a Comment

* denotes a required field

No TrackBacks
TrackBack URL:

Warning: include(/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php): failed to open stream: No such file or directory in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2006/05/no-penalty.php on line 525

Warning: include(): Failed opening '/srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/sd/nlt-blog/_includes/promo-main.php' for inclusion (include_path='.:/opt/sp/php7.2/lib/php') in /srv/users/prod-php-nltashbrook/apps/prod-php-nltashbrook/public/2006/05/no-penalty.php on line 525