This week, the General Assembly ratified SB 117, or Lily’s Law, which adds the following provision to the murder statute, G.S. 14-17: “For the purposes of this section, it shall constitute murder where a child is born alive but dies as a result of injuries inflicted prior to the child being born alive.” The bill awaits the Governor’s signature. WRAL reports that the bill is “named after . . . the daughter of Danna Fitzgerald . . . [who] was 27 weeks pregnant when her then-estranged husband shot her in the abdomen.” The child was delivered by Caesarian section and lived for several weeks before dying of complications arising from the shooting. In State v. Broom, the court of appeals rejected the husband’s argument that “that [Lily] cannot be the subject of a first-degree murder charge because she had not been born at the time Danna was shot.” The court cited the common law “born alive rule,” discussed in State v. Beale, 324 N.C. 87 (1989). In light of Beale and Broom, Lily’s Law appears to codify existing law. News reports suggest that its passage was emotionally significant to Ms. Fitzgerald. Here’s hoping that it brings her some small measure of comfort or peace. In other news: 1. New law school rankings. Above the Law, a website for lawyers and law students, has compiled its own rankings as alternatives to the U.S. News and World Report rankings that dominate the debate. The new rankings focus more on outputs (like employment numbers) [...]
Faculty Coordinators
