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Patrick Benca
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Patrick Benca’s Legal Cases

10 total

  • Bragg v. Norris, 128 F. Supp. 2d 587 (E.D. Ark. 2000)

    Practice Area:
    Criminal Defense
    Outcome:
    The court found Mr. Bragg innocent of all charges and he was released immediately from his life sentence.
    Description:
    Actual innocence claim arising from a lying cop. Mr. Bragg received a life sentence as a result. The habeas court found that the "law enforcement" officer fabricated virtually all of his testimony.
  • Doe ex rel. Doe v. Little Rock School Dist., 337 F.3d 349, 191 Ed. Law Rep. 608 (8th Cir. 2004)

    Practice Area:
    Constitutional
    Outcome:
    The Court found the searches unconstitutional.
    Description:
    Policy that allowed searches of high school students without reasonable suspicion to believe that criminal activity was afoot.
  • Fouse v. State, 337 Ark. 13, 989 S.W.2d 146 (1999)

    Practice Area:
    Criminal Defense
    Outcome:
    Case was reversed and evidence suppressed
    Description:
    Nighttime search of home based solely upon the smell of ether, a legal substance, is unconstitutional.
  • Barriemtos v. State, 72 Ark. App. 376, 39 S.W. 3d 17 (2001)

    Practice Area:
    Criminal Defense
    Outcome:
    Case reversed and evidence suppressed.
    Description:
    Does weaving within lane amount to probable cause to conduct a vehicle stop. Answer: No
  • Bennett v. State, 345 Ark. 48, 44 S.W. 3d 310, 106 A.L.R. 5th 793 (2001)

    Practice Area:
    Criminal Defense
    Outcome:
    Case reversed and evidence suppressed
    Description:
    The smell of a legal substance alone (ether) is not sufficient to support a day-time search warrant.
  • Berta v. State, 84 Ark. App. 335, 140 S.W. 3d 487 (2003)

    Practice Area:
    Criminal Defense
    Outcome:
    Reversed and evidence suppressed
    Description:
    An affidavit for search warrant must provide a date and time for the alleged criminal conduct that supports the issuance of a warrant to search.
  • United States v. King, 598 F.3d 1043 (8th Cir. 2010)

    Practice Area:
    Criminal Defense
    Outcome:
    Not an armed career criminal. Reversed.
    Description:
    King was alleged to be an "armed career criminal.". One of the original convictions did not clearly indicate it was a "violent" offense.
  • Osborn v. State, 326 S.W. 3d 771 (2009)

    Practice Area:
    Criminal Defense
    Outcome:
    Reversed and remanded for new trial
    Description:
    Osburn charged with capital murder. "Confession" was tainted by police misconduct.
  • State v. Brown, 307 S.W. 3d 587 (2009)

    Practice Area:
    Criminal Defense
    Outcome:
    Reversed and remanded.
    Description:
    Ineffective assistance of counsel
  • Campbell v. State, 2009 WL 3672899, --S.W.3d, Ark. 540

    Practice Area:
    Criminal Defense
    Outcome:
    Reversed for new trial
    Description:
    Criminal Conspiracy