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448 A.2d 1257

State v. Amaro

Supreme Court of Rhode Island

Decided August 6, 1982

Supreme Court of Rhode Island · decided 1982-08-06

Relies on Presley v. Newport Hospital

Good law ✅— No negative treatment on recordhow we know

Decided 1982-08-06

How this case has been cited

Cited by 14 later decisions — most recently January 2016

14 state decisions — followed in 11 states

801982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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KELLEHER, Justice,

¶1concurring.

¶2I concur with the result reached by my colleague, Mrs. Justice Murray, and would merely repeat what I said earlier when in dissenting in Presley v. Newport Hospital, 117 R.I. 177, 193, 365 A.2d 748, 756 (1977), I took the position that the General Assembly, in enacting our civil wrongful death statute, never intended that a stillborn fetus was to be considered a person within the context of that statute. What I said in Presleyapplies with equal force to our vehicular homicide statute. The resolution, if any, for the issue presented in the present appeal should take place in the General Assembly, where the Legislature, if it wishes to impose criminal liability for the death of an unborn child, can determine at what point in the development of the fetus criminal sanctions will be applied.

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