Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Indiana Court of Appeals will hear oral arguments March 19 as part of the court’s Appeals on Wheels program.
The case is Blossum Nicole Kirby v. State of Indiana, 23A-CR-1583
The hearing focuses on the appeal of Blossum Kirby, who was found guilty of two counts of neglect of a dependent after she was seen transporting her two sunburnt infants in a milk crate strapped to a bicycle on a hot and humid day.
In her appeal, Kirby said the trial court had insufficient evidence to convict her of the crime and that she’s being punished because she’s poor.
She said she is homeless and the bicycle was her only form of transportation.
In her motion for an oral argument, Kirby asks the court to consider, “Should the statute be construed to cover substandard parenting that stems from a parent’s poverty and homelessness?”
Kirby also argued that the trial court committed fundamental error by not offering unanimity instructions, and the state committed fundamental error in its closing argument by trying to “invoke sympathy,” saying Kirby was under the influence
The state argues it offered sufficient evidence, unanimity instructions weren’t required and there was no attorney misconduct in the closing argument.
The argument will take place at the Honeywell Center at The Ford Theater in Wabash starting at 10:30 a.m.
It will be recorded and posted on the court’s website within a week.
Please enable JavaScript to view this content.