Both the child welfare and the criminal justice systems caught up with Rushing when her infant was born with methamphetamine in his system.
Rushing was to meet with a lawyer soon after delivering so she could formalize her mother's status as guardian of this child as well.
We recount the facts in the light most favorable to the verdict. During the drive to Monticello, Sera told Deal that he had a six-pack of beer in the trunk of the car and asked her if she would like one. “Rather, that application must also be unreasonable.” Id. Finally, a state court decision involves “an unreasonable determination of the facts in light of the evidence presented in the state court proceedings” only if it is shown that the state court's presumptively correct factual findings are rebutted by “clear and convincing evidence” and do not enjoy support in the record. The evidence relating to the Monticello trip is thus indicative of Sera's plan of action, or modus operandi, on the evening of the Macaroni Grill trip. “The evidence need not exclude every reasonable hypothesis except guilt.” United States v.
Because we determine, in concordance with the Arkansas courts, that the evidence could lead a rational juror to find the elements of rape beyond a reasonable doubt, we reverse. Sera came under investigation in the summer of 1997 after his wife (“Mrs. After hearing that a lumber mill was closing in Warren, Arkansas, Sera began visiting Warren to investigate, purchase, and set up operations at the mill. The circumstances surrounding the Monticello trip and the Macaroni Grill trip are substantially similar.
As a man convicted of rape in 1992 and released into his Idaho community in 2002 told Human Rights Watch, The police should know where I live. I have no problem going down to the police station to register.
Its the price I pay for what I did. But registration is not limited to offenders who pose a significant risk of committing another serious crime.
During the same time, she'd also become addicted to meth, and had signed over guardianship of her two older children, a boy and a girl, to her mother to prevent them from being taken into foster care.
There were circumstances behind Rushing's problems: Her father had been murdered in 2010, and she'd begun drinking heavily and eventually using drugs to cope; the father of her own children was in and out of prison, and it seemed that every time she became pregnant he was locked up again.