Virginia Denise Wyche v. State of Florida
15-4797
| Fla. Dist. Ct. App. | Nov 5, 2017Background
- In April 2014 Virginia Wyche shot Markeisha Brooks while Brooks was ~25–26 weeks pregnant; Brooks survived but the unborn child did not survive the gunshot wound.
- Wyche was convicted of attempted second-degree murder of Brooks and second-degree murder of the unborn "quick" (viable) child.
- Wyche appealed, arguing the common-law "born alive" rule precludes homicide liability for a fetus that was not born alive.
- The court reviewed whether Florida’s statutes (principally the feticide statute, § 782.09 (2013)) abrogated the born alive rule; statutory interpretation reviewed de novo.
- The jury heard lay and medical testimony: Brooks felt the child’s last movements; medical examiner testified the fetus was viable and died from the bullet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the common-law "born alive" rule prevents murder conviction for killing an unborn viable child | Wyche: common-law rule controls; an unborn child not a "human being" under § 782.04(2) absent live birth | State: the 2013 feticide statute recognizes an "unborn quick child" as murderable and thus abrogates the born alive rule | Court: Legislature abrogated the born alive rule by statutory language; conviction affirmed |
| Whether evidence supported treating the fetus as a homicidal victim (viability and causation) | Wyche: challenges sufficiency implicitly by invoking born alive rule | State: medical and lay testimony established viability and that the bullet caused the fetal death | Court: evidence (fetal movement, expert testimony on viability and causation) was sufficient for jury finding |
Key Cases Cited
- State v. Gonzalez, 467 So.2d 723 (Fla. 3d DCA) (applied born alive rule to dismiss manslaughter charge)
- Knighton v. State, 603 So.2d 71 (Fla. 4th DCA) (affirmed murder conviction where fetus was born alive; discussed continued viability of born alive rule)
- State v. McCall, 458 So.2d 875 (Fla. 2d DCA) (held vehicular homicide/DWI manslaughter inapplicable to unborn child under born alive rule)
- State v. Ashley, 701 So.2d 338 (Fla.) (noting born alive rule and holding pregnant woman immune from prosecution for self-inflicted injury to fetus under common-law framework)
- Kitchen v. K-Mart Corp., 697 So.2d 1200 (Fla.) (statute will not displace common law absent clear legislative intent)
- Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla.) (statutory change to common law requires unequivocal language)
- Townsend v. R.J. Reynolds Tobacco Co., 192 So.3d 1223 (Fla.) (de novo review of pure statutory interpretation)