Evidence revealed that A.E. Caldwell sentenced Brown to one year and one day in prison and ordered him to pay $84,777 in restitution. On February 27, 2009, Buckhalter signed a four-year, $10 million contract with the Denver Broncos. She testified that Buckhalter continued to acknowledge that A.E. Buckhalter would not return to the field again until the 2003 season. 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. Several of the retirees have already received their sentences: Pruitt (three months), Butler (two months), Brown (one year), and Rogers (180 days home detention, 400 hours of community service and a $10,000 fine). He argues that because the court did not include any deductions, the calculation is grossly incorrect and inequitable.26. While a student at the University of Nebraska-Lincoln, Buckhalter had a sexual relationship with Jennifer Brown. Two of the leading cases in which we recognized a meritorious defense are Miller v. Steichen14 and Beren Corp. v. Spader.15 Miller involved a garnishment proceeding against a liability insurance provider. At the hearing, the State produced employment verification forms submitted by the Philadelphia Eagles showing Buckhalter's salary. Social media responds with out-of-this-world jokes after American fighter jets shoot down three UFOs in three days, When will Biden FINALLY break his silence on the mysteries in the skies? Buckhalter, however, was in the best position to provide more thorough evidence of his income. Subscribe to Stathead Football: Get your first month FREEYour All-Access Ticket to the Pro Football Reference Database. John Eubanks, 38, of Cleveland, Mississippi, was sentenced to 18 months in prison; Tamarick Vanover, 47, of Tallahassee, Florida, and Ceandris Brown, 39, of Iowa Colony, Texas, were each sentenced to a year and a day in prison; Correll Buckhalter, 43, of Colleyville, Texas, was sentenced to 10 months in prison, followed by 300 days home detention; Clinton Portis, 40, of Fort Mill, South Carolina, was sentenced to six months in prison, followed by 180 days home detention; Etric Pruitt, 40, of Theodore, Alabama, was sentenced to three months in prison, followed by 180 days home detention; James Butler, 39, of Atlanta, Georgia, was sentenced to two months in prison, followed by 180 days home detention; Carlos Rogers, 40, of Alpharetta, Georgia, was sentenced to 180 days home detention and 400 hours of community service; Anthony Montgomery, 37, of Cleveland, Ohio; Antwan Odom, 40, of Irvington, Alabama; Darrell Reid, 39, of Farmingdale, New Jersey; and Fredrick Bennett, 38, of Port Wentworth, Georgia, were each sentenced to 180 days home detention and 240 hours of community service; and. 15. See, also, Steinberg v. Stahlnecker, 200 Neb. The trial court did not err in denying Buckhalter's motion to vacate. The State of Nebraska sued Correll Buckhalter on behalf of A.E., a minor child, to establish paternity and award child support. The 47-year-old also pleaded guilty and agreed to pay in full restitution, OutKick previously reported. Other players who were allegedly involved in the scheme include Ceandris (C.C.) 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. He played in all 16 games, but started only once. The court granted the motion and ordered Buckhalter to submit to genetic testing on January 25, 2005. Former NFL players Correll Buckhalter, Anthony Montgomery and Darrell Reid have been sentenced for their roles in a $4 million scheme to defraud a healthcare program for retired players. Correll Buckhalter, Anthony Montgomery, Darrell Reid and Fredrick Bennett were sentenced by U.S. District Judge Karen K. Caldwell this week. 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. Two claims were filed in Bennetts name, the first of which paid him about $39,025. Table 1, however, does not provide for support amounts when combined net monthly income exceeds $10,000. The SPORTS REFERENCE and STATHEAD trademarks are owned exclusively by Sports Reference LLC. It's also available for basketball, baseball and hockey. Buckhalter, whos currently a volunteer for the Kansas City Chiefs, accepted responsibility in court Monday. Bennett will have to pay restitution for the $39,025, but it will be split between him and McCune, according to prosecutors. Over the course of his NFL career, Correl Buckhalter ran for 2,944 rushing yards. Due Process(a)Failure to Provide Notice of Evidentiary Hearing. Out of the 15 players who pleaded guilty in this case, nine have been sentenced. Draft: Philadelphia Eagles in the 4th round (121st overall) of the 2001 NFL Draft. They made bogus claims to reimburse fraudulent out-of-pocket medical expenses. Get the latest news, stats, videos, highlights and more about running back Correll Buckhalter on ESPN. Notice of the hearing was delivered to an address where the defendant claimed he had never lived, and he argued that he did not receive notice. Court documents show that McCune submitted false and fraudulent claims to the Plan on his own behalf and on behalf of dozens of other former NFL players. Correll Buckhalter Position: RB 6-0 , 223lb (183cm, 101kg) Born: October 6 in Laurel, MS (Age: 44-133d) More bio, uniform, draft, salary info 28 28 SUMMARY Career G 103 AV 31 Rush 655 Yds 2944 Y/A 4.5 TD 21 FantPt 581.4 Game Logs Career Postseason 2001 2003 2006 2007 2008 2009 2010 Player Game Finder Career 2001 2003 2006 2007 2008 2009 2010 Also learn how He earned most of networth at the age of 42 years old? In 2007, he saw action at running back as well as at kick returner. McCune and others submitted fraudulent claims for medical care or equipment that they didnt pay for or receive. But when the court has entered a default judgment and the defendant has made a prompt application at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable terms sustain the motion and permit the cause to be heard on the merits.11 A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.12 To vacate the default judgment, Buckhalter is not required to show that he will ultimately prevail, but only that he has a recognized defense that is not frivolous.13. But prosecutors said Buckhalter also was a leader and organizer in a separate, similar conspiracy that operated in the same manner as McCunes scheme. Thirteen other defendants have been sentenced for their participation in the nationwide scheme: Assistant Attorney General Kenneth A. After the trial court entered a default judgment against the insurance company, the company moved to vacate the judgment. Correll Buckhalters income source is mostly from being a successful . The 2006 season marked his first action since the 2003 NFC Championship Game. It asserted that its policy did not cover the acts upon which the suit was based. The outside linebacker/defensive end was part of the Colts Super Bowl XLI winning team against the Chicago Bears. In his eight years with the Philadelphia Eagles, Correll Buckhalter has never been anything but a backup running backand that's exactly what makes him one of the best team players in the NFL.. Ive learned my lesson.. But the referee's table reveals that even with such deductions, the child support award would change very little. The 43-year-old Buckhalter was also charged in 'a separate, similar conspiracy' in which he filed the claims personally. Eagles Coach Nick Sirianni Spotted Knocking Back Shots At Bar With Fans, Weeks After Super Bowl 57 Loss, Derek Carr Tour Continues In Indianapolis And Early Pecking Order Seems To Be Taking Shape, NFLPA Survey Shows Cardinals, Commanders, Jaguars & Bengals Provide Some Terrible Working Conditions For Players, Ravens GM Remains Hopeful Lamar Jackson Contract Will Happen, Admits Lack Of Agent Has Slowed Process. For his part, Buckhalter raked in about $121,000 from the fake claims, according to court records obtained by the newspaper. In all, the players submitted more than $3.9 million in fraudulent claims, prosecutors have said. Buckhalter cites In re Interest of Kelley D. & Heather D.9 for the proposition that [t]he concept of due process embodies the notion of fundamental fairness and defies precise definition. And due process is a flexible notion that calls for such procedural protections as the particular situation demands.10 Yet, the only argument Buckhalter makes is the bare assertion that the State's failure to present relevant, exculpatory evidence was unfair. 17. Buckhalter was not charged in the case. He now suggests that the State should have used discovery to gain information about his income. 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. The other two men took paternity tests through the State, which excluded both of them as being A.E. Rhoades v. Rhoades, supra note 23; Faaborg v. Faaborg, supra note 24. (a)The District Court Orders Buckhalter to Take a Verified Paternity Test. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Buckhalter contacted the county attorney's office to inform them he could not attend that day because he had to play in a football game. The referee found that Buckhalter is A.E. The list of players named in the indictments include the following: Clinton Portis, former Denver Broncos and Washington running back Robert McCune, former Washington linebacker John Eubanks, former Washington cornerback Tamarick Vanover, former Chiefs wide receiver Ceandris C.C. Brown, former Texans safety James Butler, former Giants and Rams safety Fredrick Bennett, former Texans defensive back; Etric Pruitt, former Falcons and Seahawks defensive back Carlos Rogers, former Washington and 49ers cornerback Correll Buckhalter, former Eagles and Broncos running back. Correll Buckhalter, 43, of Colleyville, Texas, was sentenced to 10 months in prison, followed by 300 days' home detention; Clinton Portis, 40, of Fort Mill, South Carolina, was sentenced to six months in prison, followed by 180 days' home detention; He played for the Eagles from 2001 to 2008, with three seasons lost due to injury. Another player, former Chargers and Patriots receive Reche Caldwell, was shot and killed in a robbery attempt before he could be sentenced in the case. Thanks for contacting us. Democrats and Republicans demand President address the crisis because people are 'freaked out', 'It's been happening for years': Marco Rubio says UFOs have 'routinely' operated over restricted US airspace but America has no idea what they are or where they come from - and refuses to rule out aliens, Top US diplomats planning spy balloon showdown with China at Munich Security conference: Blinken considering face-to-face meeting with Beijing foreign minister as diplomatic relations reach boiling point, Luxury 'hair protectors' made by Olaplex 'caused women to go BALD and break out in blisters', lawsuit claims, China hits back and says the U.S. has flown at least TEN balloons through its airspace since 2022: Diplomatic tensions spiral as Congress demands answers from Biden, Could UFOs over the US be the same as the infamous 'Tic Tac' caught on video? Buckhalter will have to self-report to a prison facility by 2 p.m. on Jan. 18. Health care fraud of this nature contributes greatly to the inflated cost of health care in this country, prosecutors wrote in court records. New users can lock in this offer NOW by clicking this link. The issue they raised was primarily one of law-that under the facts alleged by the plaintiff, they owned an interest. [3], Buckhalter is a cousin of Tampa Bay Buccaneers cornerback Brandon McDonald. Destiny 98 TD v. Miodowski, 269 Neb. Otherwise, the hearing on the State's motion would take place. Section 43-1412(2) provides for a default judgment to be entered in a paternity action upon a showing of service and failure of the defendant to answer or otherwise appear. It provided former players, their spouses and their dependents, up to a maximum of $350,000 per player tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance. Another player, former Chargers and Patriots receive Reche Caldwell, was shot and killed in a robbery attempt before he could be sentenced in the case. He said the fraud was not of my true character.. The former NFL players allegedly submitted fraudulent health care claims seeking to be reimbursed for expensive medical equipment that was never purchased, typically about $40,000 to $50,000 per . Buckhalter did not attend the hearing, nor did he contact the county attorney's office again before the October 25, 2005, hearing. We have tools and resources that can help you use sports data. 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. 'I accept all responsibility for what I've done,' Montgomery said in court Monday, calling his decision a 'foolish mistake,' according to the Lexington Herald-Leader. Former Eagle Correll Buckhalter Headed To Prison For Role In Health Care Scam, Others Sentenced, which gave tax-free reimbursements to health expenses not covered by insurance up to $350,000 per player, sentenced on Nov. 19 and could face up to 20 years, a court ordered the arrest of Portis over unpaid child support in August. Contact us. Secure .gov websites use HTTPS 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. Buckhalter currently plays professional football for the Philadelphia Eagles. According to court records obtained by the newspaper Bay Buccaneers cornerback Brandon McDonald round ( 121st overall ) of 15... 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