{"id":12715,"date":"2023-11-28T18:15:56","date_gmt":"2023-11-28T18:15:56","guid":{"rendered":"http:\/\/www.funminews.com\/?p=12715"},"modified":"2023-11-28T18:16:04","modified_gmt":"2023-11-28T18:16:04","slug":"pregnant-us-woman-to-remain-in-jail-even-as-fetus-innocent-court","status":"publish","type":"post","link":"https:\/\/www.funminews.com\/index.php\/2023\/11\/28\/pregnant-us-woman-to-remain-in-jail-even-as-fetus-innocent-court\/","title":{"rendered":"Pregnant US woman to remain in jail even as fetus innocent: court"},"content":{"rendered":"\n
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A pregnant woman in prison<\/figcaption><\/figure>\n\n\n\n

MIAMI: A Florida court has denied the petition of a pregnant murder suspect who sought release from prison on the grounds her unborn child was innocent of the charges and therefore being held unlawfully.
In a ruling obtained by AFP on Tuesday, Florida\u2019s Third District Court of Appeal dismissed without prejudice the petition filed on behalf of Natalia Harrell\u2019s fetus, saying there were still questions that needed to be addressed in a lower court but issuing no ruling on whether the case had legal merit.
The court said in its decision Friday it was impossible to \u201cproperly resolve whether the unborn child has the standing to file the petition before us given the inadequate record in this matter.\u201d
Harrell, 24, has been in jail for some seven months and faces a murder charge after fatally shooting another woman while they were taking an Uber in Miami last July.
Harrell was about six weeks pregnant at the time of her arrest.
She pleaded not guilty, arguing she acted in self-defense.
The fetus \u201chas not committed any crime\u201d yet remains incarcerated in \u201cdeplorable conditions\u201d and unless granted relief will be \u201clikely brought into this world on the concrete floor of the prison cell,\u201d Harrell\u2019s petition says.
Judge Monica Gordo agreed with the court\u2019s decision to dismiss the petition, but argued in a dissenting opinion that the case itself had no legal basis.
\u201cThe argument is nothing more than an attempt for the mother to leverage her unborn child as a basis to be released from lawful detention,\u201d Gordo wrote.
\u201cNo 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,\u201d the judge added.
Last June, a pregnant woman in Texas who was ticketed for driving in a high-occupancy carpool lane argued that her unborn child should be counted as a second passenger. Her ticket was dismissed.
That case made international news because it came just five days after the US Supreme Court overturned the right to abortion enshrined in Roe v Wade, leaving the decision up to each state to regulate.<\/p>\n","protected":false},"excerpt":{"rendered":"

MIAMI: A Florida court has denied the petition of a pregnant murder suspect who sought release from prison on the grounds her unborn child was innocent of the charges and therefore being held unlawfully.In a ruling obtained by AFP on Tuesday, Florida\u2019s Third District Court of Appeal dismissed without prejudice the petition filed on behalf […]<\/p>\n","protected":false},"author":4,"featured_media":12716,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[4,5],"tags":[],"class_list":["post-12715","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-international"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.funminews.com\/wp-content\/uploads\/2023\/11\/3702311-1162530509.jpg?fit=670%2C391&ssl=1","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/posts\/12715","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/comments?post=12715"}],"version-history":[{"count":1,"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/posts\/12715\/revisions"}],"predecessor-version":[{"id":12717,"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/posts\/12715\/revisions\/12717"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/media\/12716"}],"wp:attachment":[{"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/media?parent=12715"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/categories?post=12715"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.funminews.com\/index.php\/wp-json\/wp\/v2\/tags?post=12715"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}