People v. Hardy
by
Michigan. Court of Appeals
Wests North West Rep. 1991 Apr 1 (date of decision);469:50-6

ABSTRACT

KIE: Kimberly Hardy was charged after childbirth with child abuse and delivery of cocaine to her fetus through the umbilical cord. Hardy had admitted to police that she had smoked crack cocaine less than 13 hours before giving birth. A doctor testified that the cocaine would have still been passing through the umbilical cord after the infant's birth and before the cord was cut, in other words, after the child became a legal person. A Michigan circuit court had thrown out the child abuse charge on the grounds that there was insufficient evidence that the defendant's ingestion of cocaine had caused serious physical harm to the child. The Michigan Court of Appeals also decided to throw out the charge, saying that such an application of the cocaine delivery statute would be "so tenuous that we cannot reasonably infer that the legislature intended this application."

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