Ruling that Woman Can Be Convicted of "Homicide by Child Abuse" for Causing Stillbirth of Viable Fetus by Using Cocaine Not Disturbed

State v. McKnight, 576 S.E.2d 168 (S.C. 2003), cert. denied, McKnight v. South Carolina, 124 S. Ct. 101 (2003)

The Supreme Court declined to review a ruling by the South Carolina Supreme Court that a woman could be convicted of the crime of homicide by child abuse and sentenced to 20 years in prison for causing the stillbirth of her viable fetus by using cocaine.  The South Carolina court held that the statute defining the crime of homicide by child abuse could be applied to stillbirths based on prior holdings that the legislature's use of the word "child" encompassed a viable fetus.  In light of common knowledge that cocaine use during pregnancy can harm a fetus, the court determined the statute provided sufficient notice that it could be applied to a woman whose fetus is stillborn.  The court also found that the application of the statute here did not violate constitutional rights of privacy and autonomy, that the sentence was not grossly disproportionate to the offense, and that taking a urine sample from the defendant in the hospital did not violate her Fourth Amendment rights...

Found in DMHL Volume 23 Issue 1

Reversal of Capital Conviction and Death Sentence Because Counsel Failed to Investigate Defendant's Mental Health and Drug Abuse Problems Not Disturbed

Jennings v. Woodford, 290 F.3d 1006 (9th Cir. 2002), cert. denied, Woodford v. Jennings, 123 S. Ct. 2638 (2003); 71(50) U.S. Law Week 3795 (July 1, 2003)

Perhaps reflecting its decision in Wiggins (described above), the Supreme Court declined to review a Ninth Circuit ruling that overturned a capital conviction and imposition of the death penalty for ineffective assistance of counsel because defendant's attorney failed to discover and present easily available evidence of the defendant's mental health and drug abuse problems despite knowing that the defendant had such problems.  The defendant was a habitual, heavy methamphetamine user, had attempted suicide, was described by a psychiatrist as schizophrenic, had a long history of injuring himself and pouring liquids in the resulting wounds causing gangrene, and had been involuntarily committed for psychiatric evaluation because he appeared catatonic. In addition, a number of individuals told the attorney they thought something was "seriously wrong" with the defendant...

Found in DMHL Volume 23 Issue 1

Two-Year Ban on Visits to Inmates with Two Substance-Abuse Violations Upheld

Overton v. Bazzetta, 123 S. Ct. 2162 (2003)

The Supreme Court upheld a Michigan prison regulation that prisoners with two substance abuse violations could not receive any visitors except attorneys and members of the clergy for two years.  In a unanimous decision, the Court noted drug smuggling and drug use in prison are intractable problems and asserted withdrawing visitation privileges is a proper and even necessary management technique to induce compliance with the rules governing inmate behavior.  The Court did add it might reach a different conclusion if the ban was for a much longer period of time, treated as a de facto permanent ban, or applied in an arbitrary manner to a particular inmate...

Found in DMHL Volume 23 Issue 1

Parental Rights Terminated for Failure to Remedy Mental Health, Substance Abuse, and Domestic Violence Issues that Adversely Affected Ability to Properly Parent Children

Carr v. James City County Div. of Soc. Servs., Nos. 0339-04-1 , 0499-04-1 , 2004 WL 1822374 (Va.
Ct. App. 2004)

It is not unusual for mental illness and substance abuse to figure prominently in a decision to remove a child from the custody of a parent, as well as in a decision to ultimately terminate parental rights. The Virginia Court of Appeals ruled that a mother's failure to remedy issues associated with mental health, substance abuse, and domestic violence that adversely affected her ability to properly parent her children provided a sufficient basis for terminating the mother's parental rights. The court indicated that the focus is not whether steps have been taken to remedy these issues, but what has been achieved as a result of these steps...

Found in DMHL Volume 24 Issue 2

Parental Rights Terminated for Failure to Remedy Mental Health, Substance Abuse, and Domestic Violence Issues That Adversely Affected Ability to Properly Parent Children

Carr v. James City County Div. of Soc. Servs., Nos. 0339-04-1, 0499-04-1, 2004 WL 1822374 (Va. Ct. App. 2004 )

It is not unusual for mental illness and substance abuse to figure prominently in a decision to remove a child from the custody of a parent, as well as in a decision to ultimately terminate parental rights.  In a recent case, the Virginia Court of Appeals ruled that a mother's failure to remedy issues associated with mental health, substance abuse, and domestic violence that adversely affected her ability to properly parent her children provided a sufficient basis for terminating the mother's parental rights.  The court indicated that its focus is not whether steps have been taken to remedy these issues, but what has been achieved as the results of these steps...

Found in DMHL Volume 24 Issue 1

Sexually Dangerous Offenders

Period in confinement pending civil commitment determination not applicable as “credit” toward time served for criminal sentence

United States v. Hass, 575 Fed. Appx. 139 (4th Cir. 2014) (unpublished per curiam opinion)

In appealing the district court’s judgment revoking his supervised release and sentencing him to eighteen months in prison followed by an additional thirty months of supervised release, defendant Johnny Hass argued that the district court erred in fashioning his sentence by refusing to factor in time he spent in Bureau of Prisons (“BOP”) custody awaiting civil commitment proceedings. After the Government certified that Hass qualified as a sexually dangerous person under the Adam Walsh Child Protection and Child Safety Act of 2006, the court stayed his release pending the outcome of a hearing to determine whether Hass was sexually dangerous. After his supervised release was revoked and a new prison sentence imposed by the district court, Hass argued on appeal to the Fourth Circuit that he should have been granted credit for time served equal to the time he spent in BOP custody awaiting his civil commitment hearing.

Given the deference due to the district court, the Fourth Circuit stated it would only reverse if the sentence imposed was “plainly unreasonable.” A sentence can be either procedurally or substantively unreasonable. Procedural reasonability is determined by examining the district court’s consideration of “applicable 18 U.S.C. § 3553(a) (2012) factors and the policy statements contained in Chapter Seven of the Guidelines.” Substantive reasonability is determined by examining whether the district court stated a “proper basis for concluding that the defendant should receive the sentence imposed.”

The Fourth Circuit rejected Hass’ claim that failing to give him credit for his prior time spent in BOP custody was a basis for plain error, stating that “it is unthinkable to lend support to any judicial decision which permits the establishment of a line of credit for future crimes.” Because Hass “was being sentenced for violating the terms of his supervised release” and cited “no precedent to support his claim that over-service of a prior sentence is even a proper consideration for a court when imposing a revocation sentence,” the Fourth Circuit affirmed the sentence imposed by the district court.

Found in DMHL Volume 34 Issue 1