Wrongly Convicted Database Record

 

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Richard D. Barwick (ID conviction)

 

Charge:

Robbery (includes armed robbery)

Sentence:

Years Imprisoned:

Year Crime:

1968

Year Convicted:

1969

Year Cleared:

1971

U.S. State or Country of Crime:

Idaho

County or Region of Crime:

Nez Perce

City of Crime:

Lewiston

Result:

Judicially Exonerated

Summary of Case:

"Richard D. Barwick was wrongly convicted on March 21, 1969 of a robbery committed in Lewiston, Idaho on June 23, 1968. On April 6, 1971 the Idaho Supreme Court vacated Barwick's convictions on the basis the prosecution illegally obtained evidence of the robbery under the sham of arresting him for vagrancy -- when he had a place to live, he had a job, and he had a car. The Court also cited the prosecution's prejudicial introduction of a felony conviction for robbery in Florida over the objection of Barwick's lawyer -- when that conviction had been vacated and the prosecutor's motion for an order of nolle prosequi in the same case was granted. "

Conviction Caused By:

Police misconduct and prosecutor misconduct.

Innocence Proved By:

"On April 6, 1971 the Idaho Supreme Court vacated Barwick's convictions on the basis the prosecution illegally obtained evidence of the robbery under the sham of charging him with vagrancy -- when he had a place to live, he had a job, and he had a car. The Court also cited the prosecution's prejudicial introduction of a felony conviction for robbery in Florida over the objection of Barwick's lawyer -- when that conviction had been vacated and the prosecutor's motion for an order of nolle prosequi in the same case was granted. "

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State v. Barwick, 483 P. 2d 670, 94 Idaho 139 (Ida. Sup. Ct., 4-6-1971)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=4040616055242442215&q=conviction+vacated&hl=en&as_sdt=4,13"

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

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