Whitner v. State

Cornelia Whitner (defendant) gave birth to a baby with cocaine metabolites in its system and was charged with child abuse and endangerment; she pleaded guilty and was sentenced to eight years, then sought post-conviction relief arguing the trial court lacked subject-matter jurisdiction and that she received ineffective assistance of counsel, both premised on the statute not covering a fetus. The trial court granted relief, and the State appealed.

Whether the child abuse and endangerment statute's protection of a child applies to a viable fetus.