Wrongly Convicted Database Record


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Tayshea Aiwohi





10 years probation

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Judicially Exonerated

Summary of Case:

"Tayshea Aiwohi was 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 manslaughter based on her methamphetamine use during her pregnancy. She plead no contest on the condition she could appeal her conviction, and she was sentenced to 10 years probation. On November 29, 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:

"On November 30, 2005 the Hawaiian Supreme Court overturned her conviction, ruling that she had not committed a crime."

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Was Perpetrator Identified?

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Information Source 1:

"State of Hawaii v. Tayshea Aiwohi, 123 P.3d 1210 (Hawaii 11-29-2005). "

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Information Source 2:

"ice' addict cleared of killing newborn, By Debra Barayuga, Honolulu Star Bulletin, November 30, 2005"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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