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United States v. Cunningham | 103 F.3d 553 (1996)
A criminal trial determines a defendant’s liability for a charged offense. To prevent a conviction based on something other than the charged offense, the Federal Rules of Evidence restrict the admissibility of information regarding a defendant’s prior bad acts. We explore that restriction in United States versus Cunningham.
Constance Cunningham, a hospital nurse, suffered from an addiction to Demerol, a painkiller. After she stole Demerol from the hospital where she worked, she pleaded guilty to theft. Although her nursing license was suspended, it was later reinstated conditioned on regular drug testing. But Cunningham falsified test results.
Four years after her conviction, Cunningham was working for another hospital when the hospital discovered that Demerol in certain syringes had been replaced with saline solution. During the resulting police investigation, Cunningham admitted to her previous addiction, claiming that it was in the past. But Cunningham was the only nurse with access to the syringes who had a history of Demerol abuse, and a voluntary urine test showed the drug in her system.
Cunningham was subsequently charged with violating a federal law that prohibited product tampering. At trial, the prosecution sought to introduce evidence of Cunningham’s prior conviction, license suspension, falsified test results, and addiction to show motive. The judge excluded the prior conviction but allowed the other evidence.
Cunningham was convicted in the district court and subsequently appealed to the Seventh Circuit, arguing, among other things, that the district judge erred in admitting the prior bad acts evidence.
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