LEXAPRO & ALCOHOL & MEDICAL MARIJUANA: Murder: Woman Stabs Man To Death: CA

O’LEARY, Acting P.J.

Samantha Elizabeth Rothwell appeals from a judgment after a jury
convicted her of second degree murder and found true she personally used a
deadly or dangerous weapon, a knife, in the commission of the crime. Rothwell
argues her federal constitutional rights were violated when the trial court
refused to instruct the jury to consider evidence of her intoxication in
determining whether she acted with conscious disregard for human life. We
disagree and affirm the judgment.

Read More

PROZAC: Murder: Involuntary Intoxication Plea: Tennessee

The
Petitioner, Jeffery T. Siler, Jr., appeals the Knox County Criminal Court’s
summary dismissal of his petition for post-conviction relief as untimely. On
appeal, the Petitioner contends that due process considerations toll the
one-year statute of limitations for post-conviction relief and entitle him to a
delayed appeal. Upon review, we reverse the judgment of the post-conviction
court.

Prior to trial, the Petitioner pleaded guilty to the charge of
attempted especially aggravated robbery and received a sentence of eight years.
See State v. Jeffery T. Siler, No. E2000-01570-CCA-R3-CD, 2001 WL
387088, at *1 (Tenn. Crim. App., at Knoxville, Apr. 17, 2001). A Knox County
jury subsequently found the Petitioner guilty of the felony murder charge.

Read More