Legal Opinion

Kilmon v. State

Court of Appeals of Maryland

Decided August 3, 2006No. 91, September Term, 2005PublishedCited by 17 opinions

1Opinion of the CourtWilner, J.

Maryland Code, § 3-204(a)(l) of the Criminal Law Article (CL) makes it a misdemeanor for a person recklessly to engage in conduct that creates a substantial risk of death or serious physical injury to another person. The question before us is whether the intentional ingestion of cocaine by a pregnant woman can form the basis for a conviction under that statute of the reckless endangerment of the later-born child. The answer is “no.”

BACKGROUND

We deal here with two prosecutions in the Circuit Court for Talbot County. In August, 2004, the State’s Attorney filed a criminal information charging…

2Cases cited21 opinions

  1. MacKey v. Compass Marketing, Inc.Court of Appeals of Maryland · 2006
  2. Price v. StateCourt of Appeals of Maryland · 2003
  3. Whitner v. StateSupreme Court of South Carolina · 1997
  4. Moore v. StateCourt of Appeals of Maryland · 2005
  5. Holbrook v. StateCourt of Appeals of Maryland · 2001

16 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Peters v. Early Healthcare Giver, Inc.Court of Appeals of Maryland · 2014
  2. Montgomery County v. DeiblerCourt of Appeals of Maryland · 2011
  3. Ankrom v. StateSupreme Court of Alabama · 2013
  4. State v. StegallNorth Dakota Supreme Court · 2013
  5. State of West Virginia v. Stephanie Elaine LoukWest Virginia Supreme Court · 2016

12 more not listed; retrieve them via the Exa API.

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