Kristen Parker tested positive for hepatitis on her first day of work in 2008 as a "scrub tech" for Rose Medical Center in Denver, Colorado. She noted she probably contracted the disease by sharing heroin needles, a practice that developed with a prescription for painkillers after jaw surgery in 2001. While Parker worked at the [...]
Archive for the ‘Criminal Law’ Category
Tenth Circuit refuses to lower sentence for scrub tech convicted of stealing pain medication from patients and infecting them with Hepatitis C.
Posted in Criminal Law, Health Law, tagged sentencing on February 25, 2011 | 1 Comment »
Tenth Circuit holds that Oklahoma City is not liable for forensic chemist who fabricated lab results to convict innocent man of rape and kidnapping.
Posted in Constitutional Law, Criminal Law, tagged false arrest on December 8, 2010 | 1 Comment »
David Johns Bryson spent seventeen years in jail after Joyce Gilchrist of the Oklahoma City Police Department testified that Bryson’s hair and semen samples matched evidence from a crime scene. Bryson’s 1983 conviction was vacated after a new DNA test cleared him. Even so, it took another three and a half years for a judge [...]
Seventh Circuit finds judge’s comments about Mexican drug trade and Hitler warrants resentencing.
Posted in Criminal Law, tagged judicial misconduct on September 17, 2010 | 3 Comments »
Jose Figueroa, a Mexican-American, was convicted of running a multimillion-dollar cocaine operation in Wisconsin. Prior to sentencing, the trial judge, U.S. District Judge Rudolph Randa, made a number of comments about Mexico’s contribution to drug and immigration issues in the United States, angrily referring to Figueroa and his family as “you people” several times. Judge Randa linked the [...]
D.C. Circuit concludes that use of GPS to track suspect without a warrant violates the Fourth Amendment.
Posted in Constitutional Law, Criminal Law, Fourth Amendment, tagged global positioning surveillance, unreasonable search or seizure on August 12, 2010 | 1 Comment »
Antoine Jones was convicted of drug trafficking based on information collected by the FBI through the use of global positioning surveillance (“GPS”). Jones, with the help of the American Civil Liberties Union and the Electronic Frontier Foundation, appealed his conviction, arguing that the use of GPS is not covered by the United States Supreme Court’s [...]
Arkansas Court of Appeals holds that a bank’s full, fair, and truthful disclosure of suspicious financial activity to a prosecutor is a defense to malicious prosecution.
Posted in Criminal Law, Torts, tagged malicious prosecution on April 29, 2010 | 4 Comments »
Brooks v. First State Bank, N.A., No. CA 09-767. In December 2005, Ressie Lee Brooks was notified by a bogus company that she had won a $50,000 sweepstakes. She was told that a check representing partial payment of $2,270 would be sent to her and that she should cash the check and return the funds [...]
Eighth Circuit holds that Arkansas state courts correctly followed the totality-of-the-circumstances test in concluding a minor had knowingly and intelligently waived his Miranda rights.
Posted in Constitutional Law, Criminal Law, tagged AEDPA, felony murder, habeas corpus, Miranda warnings on November 18, 2009 | Leave a Comment »
Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from [...]
Nevada Supreme Court strikes criminal portions of clean air act as being impermissibly vague.
Posted in Constitutional Law, Criminal Law, Environmental Law, tagged clean air act, vagueness on September 29, 2009 | Leave a Comment »
The Nevada Clean Indoor Air Act, a voter-approved ban passed in 2006, prohibits smoking in schools and workplaces, but makes exceptions for bars, casinos and strip clubs. The Nevada Tavern Owners Association, Terrible’s Hotel and Casino, and Three Angry Wives Pub challenged the criminal portion of the Act, claiming it was vague to be enforced. [...]
Arkansas lawyer questioned regarding missing settlement proceeds.
Posted in Criminal Law, Ethics, tagged attorney misconduct on May 11, 2009 | 1 Comment »
Gene Cauley, an Arkansas attorney, was one of the lead plaintiff’s attorneys in a securities lawsuit against BISYS Group, Inc., an insurance company, that Cauley alleged inflated its stock value by issuing false and misleading press releases and financial filings. The parties settled the lawsuit in 2006 for $65.8 million. Cauley was the sole signatory [...]
Sixth Circuit judge asserts capital punishment system is broken “beyond repair.”
Posted in Constitutional Law, Criminal Law, tagged capital punishment on April 21, 2009 | Leave a Comment »
For an interesting review of the recent case of Wiles v. Bagley and the concurring opinion of Judge Boyce F. Martin, Jr., click here.
Fourth Circuit upholds search of farmland without a warrant through “open field” doctrine.
Posted in Animal Law, Constitutional Law, Criminal Law on February 17, 2009 | Leave a Comment »
In 2006, the Virginia Department of Game and Inland Fisheries visited the soybean farm of Steve VanKesteren after receiving a report that he had killed two red-tailed hawks in violation of the Migratory Bird Act. The visit produced no evidence, and the Virginia Department of Game and Inland Fisheries set up video surveillance of the [...]
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