STATE v. ASHLEY

Nos. 87719, 87750.

701 So.2d 338 (1997)

STATE of Florida, Petitioner, v. Kawana M. ASHLEY, Respondent. Kawana M. ASHLEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

October 30, 1997.


Attorney(s) appearing for the Case

Bernie McCabe, State Attorney; C. Marie King, Assistant State Attorney and Douglas R. Ellis, Assistant State Attorney, Sixth Judicial Circuit, Clearwater, for Petitioner.

Bruce Johnson, Public Defender, Sixth Judicial Circuit, Clearwater, and Priscilla J. Smith, New York City, for Respondent.

Andrew H. Kayton, Miami, for amicus curiae American Civil Liberties Union Foundation of Florida, Inc.

Lenora M. Lapidus of Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for amicus curiae ACLU Cooperating Counsel.

Louise Melling, New York City, for amicus curiae Reproductive Freedom Project American Civil Liberties Union Foundation.


PER CURIAM.

We have for review State v. Ashley, 670 So.2d 1087 (Fla.App. 2d DCA 1996), wherein the district court certified the following questions:

1. May an expectant mother be criminally charged with the death of her born alive child resulting from self-inflicted injuries during the third trimester of pregnancy? 2. If so, may she be charged with manslaughter or third-degree murder, the underlying predicate...

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