Herron v. State
Indiana Court of Appeals
1Opinion of the Court
OPINION
MATHIAS, Judge
Idette Herron brings this interlocutory appeal from the trial court’s denial of her motion to dismiss the State’s criminal charge of neglect of a dependent. Herron presents one issue for our review, which we restate as: whether an unborn child is a dependent pursuant to Ind.Code § 35-46-1-4 (1998).
We reverse.
FACTS AND PROCEDURAL HISTORY
The State charged Herron with neglect of a dependent, a Class D felony, based on her ingestion of cocaine between August of 1998 and March 18, 1999, while she was pregnant. Herron’s child was born on March 20, 1999 with cocaine present in…
2Cases cited9 opinions
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- Walker v. RinckIndiana Supreme Court · 1992
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- Woods v. StateIndiana Court of Appeals · 1998
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