1. Home
  2. Browse Decisions
  3. Ariz.
  4. 182 Ariz.
  5. 182 Ariz. 190 (1995)
 

REINESTO v. SUPERIOR COURT

No. 1 CA-SA 94-0348.

182 Ariz. 190 (1995)

894 P.2d 733

Teresa Lopez REINESTO, Petitioner, v. SUPERIOR COURT OF the STATE of Arizona, IN AND FOR the COUNTY OF NAVAJO, the Honorable William J. O'Neil, a judge thereof, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department C.

May 2, 1995.

Attorney(s) appearing for the Case

Myrna J. Parker, Navajo County Public Defender by Cindy L. Wagner, Deputy Public Defender, Holbrook, Center for Reproductive Law & Policy by Lynn M. Paltrow and Susan J. Weiler, New York City, for petitioner.

Grant Woods, Atty. Gen. by Linda L. Knowles, Asst. Atty. Gen., Crim. Appeals Section, Phoenix, for real party in interest.

Nat. Ass'n of Crim. Defense Lawyers and Ariz. Attorneys for Crim. Justice by Nancy Hollander, Albuquerque, Natman Schaye, Tucson, Dennis C. Jones, Phoenix, and Ariz. Civ. Liberties Union and Ariz. Right to Choose by Bendheim & Whitten, P.C., Alice L. Bendheim, Phoenix, and The Southern Ariz. Chapter of The Nat. Lawyers Guild by Gail M. Berkowitz, Tucson, for amicus curiae.

OPINION

McGREGOR, Judge.

The issue in this special action is whether the state can prosecute for child abuse a woman who uses heroin during pregnancy and thereafter gives birth to a heroin-addicted child. We accepted jurisdiction, concluded that Arizona's child abuse statute does not apply to the charged conduct, and ordered that the superior court dismiss the indictment against petitioner, with this opinion to follow.

I.

On July 14, 1993...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases