STATE v. ALLEN
492 P.3d 27
| Okla. Crim. App. | 2021Background
- Kelvin Wayne Allen and Tami Leann Ware were charged with Child Neglect (21 O.S. § 843.5(C)) and Conspiracy to Commit Child Neglect based on prenatal methamphetamine use that exposed Ware’s unborn child, A.W.
- A.W. was born testing positive for methamphetamine, experienced withdrawal symptoms, and was placed into protective custody from the hospital.
- Allen and Ware admitted using and providing methamphetamine during the pregnancy, acknowledged the medical harm to the unborn child, and Ware expressed she did not want the baby.
- At preliminary hearing both were bound over, but the district court granted motions to quash, holding an unborn fetus is not a “child” under the child neglect statute.
- The State appealed; this Court reviewed statutory interpretation de novo and applied its prior decision in State v. Green, concluding an unborn (viable) fetus may be protected under § 843.5(C).
- The Court reversed the district court’s orders quashing the charges and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a fetus is a “child” under 21 O.S. § 843.5(C) | The State: an unborn child constitutes a “child under eighteen” and is protected from neglect | Allen/Ware: an unborn fetus is not a “child” within the statute’s meaning | The Court (following State v. Green): an unborn/viable fetus can be a victim of child neglect; reversed the quash orders |
| Standard of appellate review for the district court’s statutory ruling | The State: statutory interpretation is reviewed de novo | Defendants urged dismissal based on district court’s ruling (no contrary appellate standard argued) | The Court applied de novo review of statutory interpretation and found the district court abused its discretion in quashing the indictments |
Key Cases Cited
- State v. Green, 474 P.3d 886 (2020) (held an unborn/viable fetus may be a victim of child neglect under § 843.5(C))
- Hughes v. State, 868 P.2d 730 (1994) (held a viable unborn fetus is a "human being" under Oklahoma homicide law)
- Leftwich v. State, 350 P.3d 149 (2015) (sets forth rule to give effect to legislative intent and plain statutory meaning)
- Fuston v. State, 470 P.3d 306 (2020) (confirms de novo review for statutory interpretation in criminal appeals)