McCarty v. State

T1 I coneur in part and dissent in part. First, I concur in affirming the First Degree Murder convictions and sentences in Counts I and II. I also agree that we must reverse McCarty's first-degree murder conviction for the death of the unborn fetus (Count III). However, I write separately to explain my reasoning as I believe we should be very clear in setting forth our resolution of the issue of viability. In Hughes v. State,1 this Court abandoned the "born alive" rule and determined that an unborn fetus, viable at the time of injury, is a human being and may be the subject of a homicide…