This section contains the nature of the case and procedural background.

Cunningham (D) was a registered nurse with a hospital when staff discovered that syringes containing Demerol had been replaced with saline. D was one of five nurses who had access to the syringes, and all five were interviewed by the police. D acknowledged prior Demerol addiction and offered to take a test. The test proved positive for recent Demerol usage. D was tried and argued that merely withholding paid medication does not place anyone in danger of bodily injury and that the failure to relieve pain was not the same as causing pain. The judge admitted evidence of D's prior bad acts as D had pled guilty to stealing Demerol from a prior hospital where she was employed as it related to her suspension of her nursing license, the falsification of test results, and the addition that had led to earlier thefts but not the actual conviction itself. D appealed her conviction.

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