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There, the testimony revealed in detail the procedures used and the chain of custody involved in handling the paternity test. Joe Horn, 50, of Columbia, South Carolina, was sentenced to 200 hours of community service. While a student at the University of Nebraska-Lincoln, Buckhalter had a sexual relationship with Jennifer Brown. These items are annualized to arrive at monthly net income. Monthly support amounts are then determined by plugging the combined monthly net income of both parties into table 1 of the guidelines to establish the appropriate support level. STATE on Behalf of A.E., appellee, v. Correll BUCKHALTER, appellant. He rushed for 147 yards and also caught 28 passes for 240 yards. What is Kentuckys ceiling for an NCAA Tournament seed? But the referee's table reveals that even with such deductions, the child support award would change very little. After the trial court entered a default judgment against the insurance company, the company moved to vacate the judgment. Finally, the court did not abuse its discretion in ordering Buckhalter to pay monthly child support of $4,035 based on the evidence at the hearing. Nebraska We conclude that he was not entitled to notice of the hearing. Buckhalter's NFL career was marred by injuries. Buckhalter argues that the court should have vacated the default finding of paternity because he has a meritorious defense. None of the medical equipment described in the claims was ever purchased or received. [7] He initially pleaded not guilty,[8] but later pleaded guilty to the charge by July 2020. The trial court did not err in denying Buckhalter's motion to vacate. On December 12, 2005, Buckhalter moved to dismiss and vacate the referee's report and filed exceptions to the referee's report and notice of appeal and hearing. Thirteen other defendants have been sentenced for their participation in the nationwide scheme: Assistant Attorney General Kenneth A. Former Eagles running back Correll Buckhalter charged in health care fraud indictments . He is from United States. But in Quintela, the validity and reliability of the testing was not at issue. After the district court entered the default judgment, she moved to vacate, arguing that she had not received notice of the dissolution hearing. Megan Turner is autistic and has been diagnosed with ADHD. His medication alone costs $300 per month. He played for the Eagles from 2001 to 2008, losing three of those seasons due to injury. Updated: June 20, 2015 Lafonda N. (Williams) BuckhalterLafonda Buckhalter(born 1974) He argues that it was contrary to notions of due process, which embody the principle of fundamental fairness,7 not to present genetic testing evidence. McCune and others submitted fraudulent claims for medical care or equipment that they didnt pay for or receive. We concluded that [t]he procedures for the collection, transportation, and examination of the blood were reliable so as to allow the trial court to find that the test results were what the State claimed, results of parentage tests performed on blood samples drawn from [the parties involved].20 Although Rial did not address the same issue, it does demonstrate that evidence is needed to confirm the reliability of genetic tests if they are to be used as evidence. Montgomery, who played for the franchise now known as the Washington Football Team, got involved in the scheme after being recruited by John Eubanks, a former teammate. Latest on RB Correll Buckhalter including news, stats, videos, highlights and more on NFL.com Buckhalter was not charged in the case. Beren Corp. v. Spader, supra note 11. Ceandris Brown and Carlos Rogers have also been sentenced. Buckhalter contends that the district court should have vacated the referee's report concluding that Buckhalter is A.E. Megan graduated from the University of Central Florida and writes and tweets about anything related to sports. He said the fraud was not of my true character.. This situation is not Corrells character at all, LaFonda Buckhalter wrote in the letter. Prosecutors said Reid, a former Colts and Broncos player, also filed two bogus claims valued at more than $93,000. 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Buckhalter has been charged with "one count of conspiracy to commit wire fraud and health care fraud," per The Associated Press. I accept all responsibility for what Ive done, Montgomery said in court Monday. He missed the 2002 season due to a torn anterior cruciate ligament in his left knee and both the 2004 and 2005 seasons due to a torn patellar tendon in his right knee. 2023 WWB Holdings, LLC. Although he does not need to prove that he would ultimately prevail, under these facts, Buckhalter has failed to show a meritorious defense. John Eubanks was previously sentenced to a year and a half in prison, Etric Pruitt was sentenced to three months and James Butler was sentenced to two months. 2. She testified that Buckhalter continued to acknowledge that A.E. Discover today's celebrity birthdays and explore famous people who share your birthday. The 2006 season marked his first action since the 2003 NFC Championship Game. All logos are the trademark & property of their owners and not Sports Reference LLC. By Alex Raskin Sports News Editor For Dailymail.com, Published: 12:07 EST, 26 October 2021 | Updated: 12:19 EST, 26 October 2021. Brown's testimony established that the paternity test exists, so the referee was aware of the test results at the evidentiary hearing. at 335, 682 N.W.2d at 708. We've received your submission. We recommend you to check the complete list of Famous People born on 6 October. He now suggests that the State should have used discovery to gain information about his income. The court, however, denied all of his motions and overruled the exceptions. Correll is a devoted father to our son and would always set a good example for him to follow.. On March 1, 2006, he moved to compel discovery of the private genetic test results and to continue the hearing. The existence of Buckhalter's unverified test results does not create a meritorious defense that would require the district court to vacate the referee's findings. Buckhalter was aware that a case was proceeding against him, and in fact, on September 2, 2005, he received actual notice of the original September 13 hearing date. He is expected to be sentenced in January 2022 and could face up to 10 years in prison. According to court files, Buckhalter paid McCune $3,500 for each false claim he filed on his behalf. Buckhalter would not return to the field again until the 2003 season. Question, Comment, Feedback, or Correction? McCune pleaded guilty to one count of conspiracy to commit health care fraud and wire fraud, 10 counts of wire fraud, 12 counts of health care fraud and three counts of aggravated identity theft. Montgomery, a defensive tackle who also played college football at Minnesota, was drafted by the Washington Redskins in the fifth round of the 2006 NFL Draft. In State on behalf of Joseph F. v. Rial,19 we addressed whether paternity test results were properly admitted as evidence. Montgomery, who played for what was known as the Washington Redskins, filed two phony claims worth roughly $94,000, court records show. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. The referee sent a copy of her findings to Buckhalter on December 2, 2005, at his addresses in Pennsylvania, New Jersey, and Texas. Copyright 2000-2023 Sports Reference LLC. Buckhalter was a fourth-round selection of the Eagles back in 2001 and spent 8 seasons with the team. Correll Buckhalter had 2,944 receiving yards over his career. Reid, who played for the Indianapolis Colts and Denver Broncos, was recruited into the scheme by Eubanks after the two were introduced to each other by Montgomery, according to court records. Here, we must decide whether the unsubstantiated paternity test results create a real controversy worthy of judicial inquiry.18 In addressing this issue, it is useful to consider when genetic tests may be admitted as evidence of paternity. 831, 429 N.W.2d 355 (1988). And the State attempted for several months to obtain reliable genetic test results after warning Buckhalter that the private paternity test was insufficient. Buckhalter (pictured), an ex-Eagles running back, took in $121,000 in fake claims, Anthony Montgomery got 10 months of house arrest for filing $94,000 in false claims, Darrell Reid, who played linebacker for the Colts and Broncos, made $93,000 on the scheme. Buckhalter contends that the State violated his due process rights by failing to present documentary evidence of the genetic test. Although he does not play any ball these days, football is still his favorite sport. Also learn how He earned most of networth at the age of 42 years old? 3. In total, he and his co-conspirators received nearly $750,000 in fraudulent reimbursements. During sentencing hearings held Monday and Tuesday, Caldwell said she believed the three former NFL players had genuine regret for what they did. Bennett, who played for the Houston Texans, San Diego Chargers, Cincinnati Bengals and Arizona Cardinals, was recruited into the scheme by McCune. Here, Buckhalter was personally served with summons and a copy of the complaint. Buckhalter recorded eight multiple rushing touchdown games, and his 28 career touchdowns (27 rushing, one receiving) tied him with Scott Frost for 20th on the Nebraska all-time scoring list with 168 points. McCune and others submitted fraudulent claims for medical care or equipment that they didnt pay for or receive. 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Despite multiple contacts with both Brown and the Lancaster County Attorney's office, he failed to answer or appear. His season totals included 345 rushing yards on 83 carries, 24 receptions, 256 receiving yards and three touchdowns. But failure to introduce his genetic test-whose authenticity could not be verified-does not violate a principle of fundamental fairness. Miller v. Steichen, supra note 11, 268 Neb. Buckhalter assigns that the district court erred in (1) adopting and refusing to vacate the default judgment of paternity, (2) denying his motion to compel discovery of genetic testing evidence in the State's possession, (3) violating his due process rights, and (4) approving the referee's child support calculation. Bennetts attorney, H. Wayne Roberts, said Bennett immediately admitted guilt to the FBI when he was approached by investigators and said he would have been willing to testify against McCune in a jury trial if necessary. He scored two touchdowns that season. 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