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UNITED STATES OF AMERICA, Plaintiff-Appellee
vs.
CONSTANCE F. CUNNINGHAM, Defendant-Appellant.
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Issues:
Corrections, evidence, drug testing.
Case Summary:
Constance Cunningham, a former nurse who was convicted of tampering with a consumer product, appeals a lower court's ruling concerning evidence that was used against her at trial. Cunningham was charged with taking Demoral that was prescribed for medical patients under her care. During the investigation, Cunningham admitted to a previous Demoral addiction. She volunteered to submit to blood and urine drug analysis. She posted a negative result in the blood test, but posted a positive result to the urine exam.
Decision of lower jurisdiction:
The U.S. District Court for the Southern District of Indiana permitted the introduction of evidence of Cunningham's prior record. A jury subsequently convicted Cunningham and she was sentenced to 84-months in jail. Cunningham now appeals.
Outcome:
Cunningham loses. The U.S. Court of Appeals for the Seventh Circuit affirmed the ruling of the lower jurisdiction.