News

The Supreme Court of Maryland issued a ruling in the case Moira Akers v. State, overturning Moira Akers’ conviction on the grounds of inadmissible evidence and ordering a new trial. 

Following a stillbirth in 2018, Ms. Akers was charged with murder and sentenced to 30 years in prison. If/When/How represented Ms. Akers at trial, in which prosecutors weaponized abortion and poverty stigma against her—claiming that her internet searches about abortion early in her pregnancy and lack of prenatal care constituted evidence that she intended to abuse and murder her child. 

Since then, we’ve been fighting to bring Ms. Akers home. 

On appeal, we submitted an amicus brief about abortion stigma, its impact, and how self-managed abortion and lacking prenatal care are normal, common, and unrelated to how people will treat their child after they are born.

Last week, the Supreme Court of Maryland agreed with us. They ruled that Akers’ consideration of abortion and lack of prenatal care should never have been admitted as evidence, did not show intent to commit a crime, and was irrelevant to her case. The Court recognized that people who are pregnant may experience a range of feelings or pursue a range of options—none of which show criminal intent if they do give birth. The Court’s definitive ruling that seeking or considering abortion—including self-managed abortion—cannot be used as evidence of a crime will help people throughout the U.S. who are criminalized for their pregnancy outcomes.

This decision is a step towards justice for Ms. Akers, and the many others who have been criminalized for their pregnancy outcome. But the fight isn’t over. 

Ms. Akers will get a new trial, without that stigmatizing evidence presented, and we hope that this means she will be back home with her family soon. And, people criminalized for their pregnancy outcomes—not just in Maryland, but in all states—will have better law on their side to ensure the best defense possible against criminalization.