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Wrongly
Convicted Database
Record
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Years
Imprisoned:
|
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Charge: |
Manslaughter |
Sentence: |
10 years probation |
Year Convicted: |
2004 |
Year
Cleared:
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2005 |
Location
of Trial:
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Hawaii |
Result:
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Judicially Exonerated (either after completion of sentence or while released on appeal) |
Summary
of Case:
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"Wrongly convicted in June 2004 of manslaughter in the 2001 death of her child two days after being born. His cause of death was ruled to be methamphetamine poisoning. She was charged with manslaghter based on her methamphetamine use during her pregnancy. She plead no contest on the condition she could appeal her conviction, and she was sententenced to 10 years probation. On November 30, 2005 the Hawaiian Supreme Court overturned her conviction, ruling that she had not committed a crime by her behavior prior to her child's birth, because a fetus is not a person, and therefore she could not have committed manslaughter, which only behavior against a person that is related to that person's death." |
Conviction
Caused By:
|
Erroneous pretrial ruling by the trial judge that she could be prosecuted for manslaghter because her fetus was a person. |
Innocence
Proved By:
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"On November 30, 2005 the Hawaiian Supreme Court overturned her conviction, ruling that she had not committed a crime."
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Defendant
Aided By:
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Compensation Awarded: |
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Was Perpetrator Found? |
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Age
When Imprisoned:
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Age
When Released:
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32 |
Information Source 1: |
"State of Hawaii v. Tayshea Aiwohi, 123 P.3d 1210 (Hawaii 11-29-2005). " |
Information
Location 1:
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Information
Source 2:
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"ice' addict cleared of killing newborn, By Debra Barayuga, Honolulu Star Bulletin, November 30, 2008" |
Information
Location 2:
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http://starbulletin.com/2005/11/30/news/story02.html |
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Source 3:
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Location 3:
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Source 4:
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Location 4:
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Source 5:
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Location 5:
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Ethnicity/Skin:
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Book
About
Case:
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Book
Information:
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Movie About Case: |
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Comments About Case: |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org