During a hot summer day, Blossum Kirby was spotted riding a bicycle with her two infants sitting in a strapped-on milk crate.  Both infants were sunburned and dressed only in diapers.  One had a diaper rash and the other had a cut on her finger.  An employee at a nearby restaurant saw Kirby and the infants and intervened. The employee took Kirby and the infants inside the restaurant and called the police.  Kirby told law-enforcement officers she was transporting the infants from her mother’s house to her friend’s house.  She stated she was homeless and her bicycle was her only source of transportation. Kirby was arrested and charged with two counts of neglect of a dependent.  A jury found Kirby guilty of both counts.  On appeal, Kirby argues there was insufficient evidence to sustain her convictions, she is being criminally punished because she is poor, the trial court committed fundamental error by not giving unanimity instructions, and the State committed fundamental error in its closing argument by attempting to “invoke sympathy” and suggesting Kirby was under the influence.  The State argues it presented sufficient evidence, unanimity instructions were not required, and there was no attorney misconduct during its closing argument.

The scheduled panelists are Chief Judge Altice, Judge Kenworthy, and Judge Felix.