Commonwealth v. Welch

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a mother’s self-abuse of drugs which had the secondary effect of transmitting drugs to a fetus is different than a mother’s intentional injection of such drugs into her born infant
• holding a mother’s ingestion of a controlled substance while pregnant does not constitute child abuse, as an unborn child is not a person for purposes of criminal prosecution
• legislature did not intend child abuse statute to apply to prenatal self-abuse that caused drugs to be transmitted through umbilical cord to child
• legislature did not intend criminal child abuse statute to apply to prenatal “self-abuse” that caused drugs to be transmitted through umbilical cord to unborn child
• legislature did not intend criminal child abuse statute to apply to prenatal \self-abuse\ that caused drugs to be transmitted through umbilical cord to unborn child

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Whitner v. State
  Supreme Court of South Carolina· 1997-10-27· cited 99×
• Reinesto v. Superior Court
  Court of Appeals of Arizona· 1995-05-02· cited 34×
• Ankrom v. State
  Supreme Court of Alabama· 2013-01-11· cited 28×
• Commonwealth v. Pugh
  Massachusetts Supreme Judicial Court· 2012-06-15· cited 24×
• Kilmon v. State
  Court of Appeals of Maryland· 2006-08-03· cited 22×
• Sheriff v. Encoe
  Nevada Supreme Court· 1994-11-30· cited 22×
• State v. Cervantes
  Court of Appeals of Oregon· 2009-12-23· cited 19×
• New Jersey Division of Youth & Family Services v. V.M.
  New Jersey Superior Court App Division· 2009-07-16· cited 19×
• Ankrom v. State
  Court of Criminal Appeals of Alabama· 2011-08-26· cited 16×
• In Re Unborn Child of Starks
  Supreme Court of Oklahoma· 2001-01-23· cited 13×
• In re M.M. and C.M., Juveniles
  Supreme Court of Vermont· 2015-10-02· cited 13×
• State v. Geiser
  North Dakota Supreme Court· 2009-04-02· cited 11×
• State v. Stegall
  North Dakota Supreme Court· 2013-04-04· cited 10×
• State of West Virginia v. Stephanie Elaine Louk
  West Virginia Supreme Court· 2016-05-27· cited 9×
• State v. Wade
  Missouri Court of Appeals· 2007-09-11· cited 7×
• Commonwealth v. Combs
  Kentucky Supreme Court· 2010-05-20· cited 7×
• Gaede v. State
  North Dakota Supreme Court· 2013-04-04· cited 4×
• Cochran v. Commonwealth
  Kentucky Supreme Court· 2010-06-17· cited 1×
• Jessica Renee Richards v. State of Tennessee and Jennifer Lynne Horine v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2005-09-02
• Dyfs v. Vm
  New Jersey Superior Court App Division· 2009-07-16

Cites

6 cases in this archive are cited by this case.

• Muller v. Oregon
  Supreme Court· 1908-02-24· cited 342×
• State v. Gray
  Ohio Supreme Court· 1992-02-12· cited 55×
• Hollis v. Commonwealth
  Kentucky Supreme Court· 1983-07-06· cited 34×
• Reyes v. Superior Court
  California Court of Appeal· 1977-11-18· cited 33×
• Jones v. Commonwealth
  Kentucky Supreme Court· 1992-04-30· cited 30×
• Johnson v. State
  Supreme Court of Florida· 1992-07-23· cited 29×