Attorney Patrick Benca's Legal Cases

Criminal defense

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

N/A

OUTCOME: The court found Mr. Bragg innocent of all charges and he was released immediately from his life sentence.

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. ...

Constitutional

Doe ex rel. Doe v. Little Rock School Dist., 337 F.3d 349, 191 Ed. Law Rep. 608 (8th Cir. 2004)

N/A

OUTCOME: The Court found the searches unconstitutional.

Policy that allowed searches of high school students without reasonable suspicion to believe that criminal activity was afoot.

Criminal defense

Fouse v. State, 337 Ark. 13, 989 S.W.2d 146 (1999)

N/A

OUTCOME: Case was reversed and evidence suppressed

Nighttime search of home based solely upon the smell of ether, a legal substance, is unconstitutional.

Criminal defense

Barriemtos v. State, 72 Ark. App. 376, 39 S.W. 3d 17 (2001)

N/A

OUTCOME: Case reversed and evidence suppressed.

Does weaving within lane amount to probable cause to conduct a vehicle stop. Answer: No

Criminal defense

Bennett v. State, 345 Ark. 48, 44 S.W. 3d 310, 106 A.L.R. 5th 793 (2001)

N/A

OUTCOME: Case reversed and evidence suppressed

The smell of a legal substance alone (ether) is not sufficient to support a day-time search warrant.

Criminal defense

Berta v. State, 84 Ark. App. 335, 140 S.W. 3d 487 (2003)

N/A

OUTCOME: Reversed and evidence suppressed

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.

Criminal defense

United States v. King, 598 F.3d 1043 (8th Cir. 2010)

N/A

OUTCOME: Not an armed career criminal. Reversed.

King was alleged to be an "armed career criminal.". One of the original convictions did not clearly indicate it was a "violent" offense.

Criminal defense

Osborn v. State, 326 S.W. 3d 771 (2009)

N/A

OUTCOME: Reversed and remanded for new trial

Osburn charged with capital murder. "Confession" was tainted by police misconduct.

Criminal defense

State v. Brown, 307 S.W. 3d 587 (2009)

N/A

OUTCOME: Reversed and remanded.

Ineffective assistance of counsel

Criminal defense

Campbell v. State, 2009 WL 3672899, --S.W.3d, Ark. 540

N/A

OUTCOME: Reversed for new trial

Criminal Conspiracy

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Patrick Benca's Legal Cases (10)

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

Doe ex rel. Doe v. Little Rock School Dist., 337 F.3d 349, 191 Ed. Law Rep. 608 (8th Cir. 2004)

Fouse v. State, 337 Ark. 13, 989 S.W.2d 146 (1999)

Barriemtos v. State, 72 Ark. App. 376, 39 S.W. 3d 17 (2001)

Bennett v. State, 345 Ark. 48, 44 S.W. 3d 310, 106 A.L.R. 5th 793 (2001)

Berta v. State, 84 Ark. App. 335, 140 S.W. 3d 487 (2003)

United States v. King, 598 F.3d 1043 (8th Cir. 2010)

Osborn v. State, 326 S.W. 3d 771 (2009)

State v. Brown, 307 S.W. 3d 587 (2009)

Campbell v. State, 2009 WL 3672899, --S.W.3d, Ark. 540