People v. Jones
317 Mich. App. 416
| Mich. Ct. App. | 2016Background
- Melissa Jones delivered a full-term newborn who tested positive for methamphetamine; the baby was underweight, weak, had feeding difficulties, and required IV nutrition.
- Jones admitted she used methamphetamine during pregnancy and that her last use was about five days before delivery; she received no prenatal care.
- After hospital staff and CPS expressed concern, Jones left the hospital with her boyfriend against advice and did not return; the child was placed under protective order and barred from contact.
- Jones was charged with and pleaded guilty to first-degree child abuse (MCL 750.136b(2)); the plea’s factual basis focused solely on her prenatal drug use and the baby’s positive drug test.
- On appeal (leave granted), Jones argued the statute does not apply to prenatal conduct because a fetus is not a “child” under the statute; the court considered statutory interpretation and plain-error review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prenatal drug use can support conviction under MCL 750.136b(2) (first-degree child abuse) | The prosecution relied on Jones’s prenatal methamphetamine use and the newborn’s positive test to support the charge. | Jones argued a fetus is not a “child” under the statute, so prenatal drug use cannot constitute first-degree child abuse. | A fetus is not a "child" under MCL 750.136b; prenatal drug use alone cannot support first-degree child abuse. Conviction and sentence vacated. |
Key Cases Cited
- People v. Carines, 460 Mich. 750 (establishes plain-error review standards)
- People v. Guthrie, 97 Mich. App. 226 (held fetus not a “person” under negligent homicide statute; discussed born-alive rule)
- People v. Hardy, 188 Mich. App. 305 (refused to apply controlled-substance delivery statute to a mother’s prenatal drug use)
- People v. Borchard-Ruhland, 460 Mich. 278 (statutory language controls interpretation)