Wrongly Convicted Database Record
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Charge: |
Failure to ensure school attendence |
Sentence: |
"$3,000 fine suspended for 1 yr" |
Years Imprisoned: |
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Year Crime: |
2011 |
Year Convicted: |
2012 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Virginia |
County or Region of Crime: |
Loudoun |
City of Crime: |
Purcellville |
Result: |
Judicially Exonerated |
Summary of Case: |
"Maureen Anne Blake was wrongly convicted in February 2012 of three misdemeanor violations of Virginia State Code § 22.1-263 that is the enforcement provision for Code § 22.1-254, a compulsory school attendance statute obligating parents and guardians to send children of specified age to school. Blake lived in Purcellville, Virginia and she shared custody of her three children, aged 8, 10, and 11, with her ex-husband. The children attended Lincoln Elementary School in Purcellville. Blake was prosecuted based on bringing her three children late to school five times during the seven weeks from December 1, 2011 to January 19, 2012. Blake was convicted on February 29, 2012 after a bench trial in the Loudoun County Juvenile and Domestic Relations Court. Maureen Blake was sentenced to pay a total fine of $3,000 that was suspended for one year on condition she didn't commits any crimes and that her three children have no unexcused absences or tardy slips on their school records in that time. Blake appealed. The Virginia Court of Appeals affirmed Blake's convictions in ruling that the State was not required to prove Blake knowingly and willfully violated compulsory attendance law nor was it required to prove notice. Blake appealed the appeals court's ruling. On October 31, 2014 the Virginia Supreme Court vacated Blake's convictions in ruling that § 22.1-254 cannot be used to criminally prosecute parents or guardians based upon tardiness in a child's arrival at school, or even an absence from school. The ruling acquitted Blake because she didn't commit a crime." |
Conviction Caused By: |
Trial judge's improper application of the compulsory school attendence requirement. |
Innocence Proved By: |
"On October 31, 2014 the Virginia Supreme Court vacated Blake's convictions in ruling that § 22.1-254 cannot be used to criminally prosecute parents or guardians based upon tardiness in a child's arrival at school, or even an absence from school." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
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Information Source 1: |
"Blake v. Commonwealth, No. 140081 (VA Supreme Ct., 10-31-2014 ) (Vacating convictions and ordering dismissal)" |
Information Location 1: |
http://www.courts.state.va.us/opinions/opnscvwp/1140081.pdf |
Information Source 2: |
"Blake v. Commonwealth, No. 1751-12-4 (VA Ct. of Appeals, 11-19-2013) (Affirming convictions)" |
Information Location 2: |
http://www.courts.state.va.us/opinions/opncavwp/1751124.pdf |
Information Source 3: |
"Court spurns Virginia mom's conviction for taking children to school late, By Gary Robertson, WKZO.com (Kalamazoo, MI), October 31, 2014" |
Information Location 3: |
http://wkzo.com/news/articles/2014/oct/31/court-spurns-virginia-moms-conviction-for-taking-children-to-school-late/ |
Information Source 4: |
"Purcellville woman found guilty of childrens constant tardiness, By by Laura Peters, Loudon Times, March 1, 2014" |
Information Location 4: |
http://www.loudountimes.com/index.php/news/article/purcellville_woman_found_guilty_of_childrens_constant_tardiness123/ |
Information Source 5: |
"Mother Found Guilty In Tardy Students Case, By Danielle Nadler, Leesburg Today, February 29, 2014" |
Information Location 5: |
http://www.leesburgtoday.com/news/article_3d1fc8f2-6324-11e1-ac97-001871e3ce6c.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org