Texas Court: Fetus Death Can Be Murder

cnredd · #1 (**permalink**) 11-23-2007, 04:07 AM

Quote:

AUSTIN, Texas (AP) - Texas laws allow the killing of a fetus to be prosecuted as murder, regardless of the fetus' stage of development, but they do not apply to abortions, the state's highest criminal court has ruled.
Wednesday's ruling by the Court of Criminal Appeals rejected an appeal by Terence Lawrence, who said his right to due process was violated because he was prosecuted for two murders for killing a woman and her 4- to 6-week-old fetus.

The court ruled unanimously that state laws declaring a fetus an individual with protections do not conflict with the U.S. Supreme Court's Roe v. Wade ruling that protects a woman's right to an abortion.

"The Supreme Court has emphasized that states may protect human life not only once the fetus has reached viability but 'from the outset of the pregnancy,'" the court said. "The Legislature is free to protect the lives of those whom it considers to be human beings."

Lawrence was convicted of capital murder and sentenced to life for the 2004 shooting death of his girlfriend, Antwonyia Smith, and the couple's unborn child. Lawrence shot Smith after learning she was pregnant with his child, according to court documents.

Lawrence's appeal argued that he should not have been prosecuted for the death of the fetus because it was not viable. Supreme Court precedent in abortion cases has established that states have no compelling interest to interfere before a fetus would be old enough to live outside the mother's womb, he said.

However, the court said abortion precedent is based on the premise that a woman wants to have the procedure.

"The 'compelling state interest' test, along with the accompanying 'viability' threshold, has no application to a statute that prohibits a third party from causing the death of the woman's unborn child against her will," Presiding Judge Sharon Keller wrote.

Looks like the states are taking the decisions where they belong...out of the Federal government's hands...

saltwn · #2 (**permalink**) 11-23-2007, 04:56 AM

I just don't know how anyone can justify abortion on demand.
Murder is murder. It's not a soap box. It's not a political stance. It is a law.

Mikeyy · #3 (**permalink**) 11-23-2007, 09:24 AM

The Texas Taliban is at it again. They should hold the entire state for murder. Because they are Killing me.

KnightOfSappho · #4 (**permalink**) 11-23-2007, 10:12 AM

Quote:

Originally Posted by saltwn

I just don't know how anyone can justify abortion on demand.
Murder is murder. It's not a soap box. It's not a political stance. It is a law.

And that law DOES NOT include abortion.

saltwn · #5 (**permalink**) 11-25-2007, 02:42 AM

Quote:

Originally Posted by KnightOfSappho

And that law DOES NOT include abortion.

I know it is not a very popular opinion right now, but I think it should. It just seems black and white to me ( one of the few modern issues that does as a mater of fact). Privacy being the issue looks far fetched. A person cannot lawfully kill himself. And I would be more inclined to allow that right than abortion. Although I don't hold with abortion or mercy killing, at least the mercy killing has a somewhat sane reason. But we've probably been over this before. You say patato and I say potato. LOL

Spencer Collins · #6 (**permalink**) 11-25-2007, 04:26 AM

Quote:

Originally Posted by cnredd

Looks like the states are taking the decisions where they belong...out of the Federal government's hands...

I agree and I have long hoped for a decision like this..

Still..the road is long with many winding legal curves ahead.

Just Me · #7 (**permalink**) 11-25-2007, 01:41 PM

I am so "on the fence" with this issue. While I don't think that on demand abortion should not be allowed I do think abortion for rape should be.

As for this case I do think he should be held accountable because were it not for his actions this baby would have been born. I think making the choice which he did for someone else is wrong.

KnightOfSappho · #8 (**permalink**) 11-25-2007, 01:49 PM

Quote:

Originally Posted by saltwn

I know it is not a very popular opinion right now, but I think it should. It just seems black and white to me ( one of the few modern issues that does as a mater of fact). Privacy being the issue looks far fetched. A person cannot lawfully kill himself. And I would be more inclined to allow that right than abortion. Although I don't hold with abortion or mercy killing, at least the mercy killing has a somewhat sane reason. But we've probably been over this before. You say patato and I say potato. LOL

We probably have. The point to my statement was that you said that it is the law and it currently is not.

It was a correction, that's all.

You and I don't agree on abortion but that's fine.

KnightOfSappho · #9 (**permalink**) 11-25-2007, 01:54 PM

Quote:

Originally Posted by Just Me

I am so "on the fence" with this issue. While I don't think that on demand abortion should not be allowed I do think abortion for rape should be.

As for this case I do think he should be held accountable because were it not for his actions this baby would have been born. I think making the choice which he did for someone else is wrong.

Personally I don't think that murder should be charged before viability. There would need to be a different legal term to apply.

KnightOfSappho · #10 (**permalink**) 11-25-2007, 02:37 PM

This case will probably be taken to the federal level.

Probably sooner than the abortion issue.

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