A Miami woman currently in jail on murder charges won’t be released for the remainder of her pregnancy after a Florida appeals court called it “illogical” to argue that her unborn child was being illegally imprisoned.
Florida’s 3rd District Court of Appeals dismissed the fetus’ writ of habeas corpus, which can be used to determine if someone is unlawfully imprisoned, according to the Miami Herald.
“No more could the government be accused of unlawfully detaining the unborn child in this case than could the mother be guilty of kidnapping over interstate lines if she chose to visit her grandmother in Georgia while eight months pregnant. The argument is illogical,” Ms. Gordo wrote in her opinion. Attorney William M. Norris, who is representing the unborn child, told the Herald that the appellate court’s decision is a “punt” since this is uncharted territory for the law. The case can still be pursued in Florida’s Supreme Court or in a lower court.
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