Wrongly Convicted Database Record
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Charge: |
Robbery (includes armed robbery) |
Sentence: |
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Years Imprisoned: |
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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. " |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Sex: |
Male |
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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