COMMONWEALTH v. PUGH

SJC-10895.

462 Mass. 482 (2012)

COMMONWEALTH v. ALLISSA PUGH.

Supreme Judicial Court of Massachusetts, Worcester.

June 15, 2012.


Attorney(s) appearing for the Case

Jaclyn R. Greenhalgh (Peter L. Ettenberg with her) for the defendant.

Ellyn H. Lazar-Moore, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Alexa Kolbi-Molinas, of New York, & Sarah Wunsch for American Civil Liberties Union & another.

Jane Larmon White, Committee for Public Counsel Services, for Committee for Public Counsel Services.

McKenzie E. Webster for Massachusetts Association of Criminal Defense Lawyers.

Andrea C. Kramer, Melissa Garlick, Kelly N. Griffin, Victoria Fernandez, & Carolyn G. Goodwin for Women's Bar Association of Massachusetts.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


LENK, J.

We are asked to consider whether a woman in the midst of unassisted childbirth may be held criminally responsible for the unintentional death of her viable fetus. In 2009, after a jury-waived trial, a judge in the Superior Court found the defendant guilty of involuntary manslaughter for "inflicting fatal injuries on a viable and near full term fetus during the birthing process" in violation of her "legal duty ... to refrain from wanton or reckless acts committed...

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