- Board of Registered Nursing vs. Tracy C.
Case Conclusion Date: October 5, 2010. Practice Area: Administrative Law. Outcome: BRN Accusation Withdrawn. No Disciplinary Action . Description: BRN files an Accusation alleging multiple counts of Unlawful Possession of an Illegal Substance, Failure to note administration of medications on MAR (Medication Administration Record); and Falsification of Hospital or Patient Records. After painstaking investigation by our office on behalf of RN, it was determined that another RN had gained access to PYXIS machine and committed these acts of unprofessional conduct. - Board of Registered Nursing vs. Carol B.
Case Conclusion Date: August 19, 2010. Practice Area: Administrative Law. Outcome: Investigation Closed - No public record of disciplinary action filed . Description: The Board of Registered Nursing may take disciplinary action against an RN for a conviction of a felony or any offense substantially related to the duties and functions of an RN. Based upon the Litigation Brief and compelling arguments made, the complaint and investigation were closed.
- Board of Registered Nursing vs. Dawne B.
Case Conclusion Date: August 18, 2010. Practice Area: Administrative Law. Outcome: Public Reprimand . Description: Registered Nurse charged with incompetence &/or gross negligence following a medication administration error (patient expired next day). - California Board of Pharmacy vs. David K.
Practice Area: Administrative Law. Date: Aug 17, 2010. Outcome: Board of Pharmacy Accusation Withdrawn - No Disciplinary record . Description: 2008 Criminal Conviction. 2009 Acts of Unprofessional Conduct.
- Board of Registered Nursing vs. Jennifer N.
Case Conclusion Date: August 9, 2010. Practice Area: Criminal Defense. Outcome: Investigation Closed - No public record of disciplinary action filed . Description: BRN investigation for improper removal of narcotic from the PYXIS system, and failure to report for drug testing. - California Respiratory Care Board vs. MacNeil
Case Conclusion Date: July 21, 2008. Practice Area: Administrative Law. Outcome: License not revoked. Description: Petition to Revoke Probationary License for failure to pass Competency Test. RESULTS: After presenting compelling Legal Brief, the Respiratory Care Board agreed to permit licensee to re-take test two additional times. - California Board of Pharmacy vs. Zimmerman
Case Conclusion Date: August 14, 2009. Practice Area: Administrative Law. Outcome: Probation - 5 years. Description: Allegations of multiple counts of Diversion of Dangerous Drugs or narcotics; use and possession of drugs; under the influence of drugs during work; and, conviction substantially related to duties and functions of pharmacist. - Board of Veterinary Examiners vs Grace Roberts, DVM
Case Conclusion Date: June 6, 2008. Practice Area: Litigation. Outcome: Non-Disciplinary Action Issued: Citation only . Description: Board investigation of allegations of Negligence, Aiding and Abetting, Anesthesia, Recordkeeping violations, and Duties of Supervising Veterinarian in death of cat after surgical procedure. - California Department of Real Estate vs. Lamson
Case Conclusion Date: April 14, 2010. Practice Area: Administrative Law. Outcome: Restricted Real Estate Salesperson License Issued. Description: Accusation to revoke Real Estate Broker's license for trust account violations in excess of $200,000. RESULTS: Department of Real Estate (DRE) permitted licensee to obtain restricted real estate salesperson license, which license to be unrestricted within two years. - Medical Board of California vs. M. Winscott , MD
Case Conclusion Date: May 14, 2008. Practice Area: Administrative Law. Outcome: Public Reprimand Only . Description: MBC filed formal Accusation to revoke physician license for repeated negligent acts and incompetence in patient care and treatment. RESULTS: We presented a comprehensive Mitigation Legal Brief. Medical Board issued a Public Reprimand only. - Board of Professional Engineers (BPELS) vs. Fred J.
Case Conclusion Date: March 17, 2010. Practice Area: Administrative Law. Outcome: Accusation Withdrawn, No Discipline on Record . Description: BPELS filed formal Accusation against Civil and Geotechnical Engineer Licenses for fraud and incompetence in multiple projects. We presented overwhelming evidence to refute all of the charges. In an unprecedented decision, BPELS withdrew the Accusation and case closed. - Board of Registered Nursing vs. Lisa A.
Case Conclusion Date: April 13, 2010. Practice Area: Administrative Law. Outcome: Complaint dismissed and case closed . Description: Felony conviction substantially related to the qualifications, functions and duties of a Registered Nurse. After submitting a comprehensive Legal Brief, the BRN determined conviction did not constitute a basis for disciplinary action. - People v. Lindsey
About 10 years after defendant had been convicted of armed robbery, the superior court issued a writ of habeas corpus on the ground his confession was received in evidence in violation of the U.S. Constitution and a US Supreme Court case which held unconstitutional a sister state's practice whereby a confession was submitted to a jury for its determination of voluntariness without having the trial judge first satisfy himself that it was voluntary.
- Miller v. Obledo
An optometrist sought review of a decision of the State Department of Health suspending him from participating in the Medi-Cal program, for one year. The optometrist contended that a state investigator's inspection of his Medi-Cal records pursuant to State law was invalid in that the investigator had not obtained a subpoena duces tecum. The Superior Court denied relief.
- Thole v. Structural Pest Control Bd. of Dept. of Consumer Affairs
In disciplinary proceedings before the Structural Pest Control Board, a pest control operator had his license suspended for various violations including gross negligence. He claimed the term "gross negligence" was vague. The court held against the pest control operator ruling the term was not vague; additionally, the fact he eventually completed the work was no defense, stating that the Structural Pest Control Act contains no requirement of pecuniary loss to support the charge, and does not make restitution a defense.
- People v. Wax
Defendant was sentenced to state prison for selling narcotics. Subsequently, he filed a writ of habeas corpus seeking to have the allegation of a prior conviction, found to be true at the time of the trial, stricken from the record. The court denied the writ and the Defendant appealed. The Court of Appeal reversed the narcotic conviction, holding that failure to obtain and to consider an up-to-date probation report or a report from the Director of Corrections before denying the writ was reversible error. The court reconsidered the prior narcotic drug conviction.
- People v. Williams
In a non jury trial, defendant was convicted of forgery in violation of Pen. Code, § 470. Representing himself as the payee thereof, defendant attempted to deposit and draw on two checks, which checks he knew to have been stolen from the United States mails. Defendant had previously pleaded guilty and been sentenced under a federal statute for possession of the checks as stolen mail. The Court of Appeal affirmed the conviction. The court held that forgery and possession of stolen mail were separate and distinct offenses, founded on different acts, so that prosecution for the forgery violation was not barred. The court also held that Pen. Code, § 654, prohibiting double punishment for an act made punishable in different ways by different sections of the Penal Code, did not apply to prohibit punishment for the state forgery offense after imposition of punishment for the federal crime.
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