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State v. McKnight

576 S.E.2d 168 (2003)

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State v. McKnight

South Carolina Supreme Court
576 S.E.2d 168 (2003)

  • Written by Haley Gintis, JD

Facts

Regina McKnight (defendant) gave birth to a stillborn baby due to cocaine use during pregnancy. The State of South Carolina (plaintiff) prosecuted McKnight for homicide by child abuse. At trial, the doctor who performed the autopsy testified that he ruled the death a homicide and the delivery nurse testified that McKnight gave consent to drug test her urine, which tested positive for cocaine. McKnight moved for a directed verdict, arguing that there was insufficient evidence as to the cause of death, the required criminal intent, and whether the baby was viable when the cocaine was ingested. The trial court denied the motion. McKnight moved to dismiss the charge, arguing that it was never the legislature’s intent to apply the homicide-by-child-abuse statute to fetuses. The trial court refused to dismiss the charge. McKnight moved to suppress the urine sample, arguing that it constituted a violation to be free from unreasonable searches and seizures under the Fourth Amendment to the United States Constitution. The trial court refused to suppress the evidence. The first trial resulted in a mistrial. McKnight was found guilty at the second trial and received a 20-year sentence, suspended for 12 years. McKnight appealed.

Rule of Law

Issue

Holding and Reasoning (Waller, J.)

Dissent (Moore, J.)

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