Court upholds Arkansas Bus in product liability case

Journal Record, The (Oklahoma City), Mar 8, 2001

The court ruled that the district court properly granted summary judgment, because McBride never demonstrated deliberate indifference. However, on the second part of the claim, the court ruled that the district court erred. The court stated that McBride alleged facts sufficient to overcome the pleading hurdle. On McBride's second argument, the court ruled that the district court properly dismissed the claim for failure to state a claim. Although "pro se complaints" are held to a less stringent standard, the court ruled that McBride failed to state a claim. On McBride's third argument, living conditions, the court ruled that the district court erred in dismissing the claim on the basis of failure to state a claim. The court stated that McBride had alleged sufficient facts to establish deliberate indifference on the part of the defendants.

U.S. vs. Iris Collette Jackson, No. 98-6487.

Iris Collette Jackson was charged by a multi-count indictment with, inter alia, distribution of cocaine base and possession with intent to distribute cocaine base, all pursuant to 21 U.S.C. Section 841(a)(1). The indictment identified the controlled substance as "cocaine base (crack)," but did not specify the amount of cocaine base involved in any count. The jury found Jackson guilty on all counts of distribution of cocaine base and possession with intent to distribute cocaine base. The district court sentenced Jackson to 360 months' imprisonment on those counts. This court affirmed Jackson's conviction. Jackson then filed a petition for certiorari to the United States Supreme Court, citing Apprendi vs. New Jersey, 530 U.S. 466 (2000) for the proposition this court erred in declining to require a jury finding on the quantity of crack cocaine that Jackson distributed and possessed with intent to distribute.

The court remanded to the district court for sentencing within the statutory range for the offenses of which Jackson was convicted.