02 September 2009

Kick you when you're down

In United States v. Cunningham, a nurse appealed her conviction for tampering with a consumer product. According to the prosecution, she stole Demerol out of syringes at her hospital and replaced the syringes with saline solution. After the faulty syringes were discovered, police questioned the nurse and took a urine sample to test whether she had any of the drug in her system. In the case against her, the prosecution submitted evidence of the nurse's past addiction to Demerol as well as the resulting suspension of her nursing license.

In his decision, the appellate judge details the nurse's history as an addict, her previous conviction for stealing Demerol, and the proceeding suspension of her nursing license. After he confirms that the submission of the prosecution's evidence regarding her addiction and license suspension was proper and thus denies all of her arguments on appeal, the judge writes this poignant last sentence:

"And she did flunk the urine test."

Ouch.

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