Wrongly Convicted Database Record
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Charge: |
Firearm possession (including sale) |
Sentence: |
2 years |
Years Imprisoned: |
1.2 |
Year Crime: |
2004 |
Year Convicted: |
2004 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
Cook |
City of Crime: |
Chicago |
Result: |
Judicially Exonerated |
Summary of Case: |
"Marcus Borne was wrongly convicted on December 15, 2004 of aggravated unlawful use of a weapon in Chicago, Illinois. Borne had been sleeping in a bedroom in his father's house when officers searched the house and found three handguns. Borne had a felony conviction. Borne pled guilty in exchange for a two year prison sentence and reduction of his charge from the much more serious offense of aggravated unlawful use of a weapon by a felon. The Illinois Supreme Court in the 2013 case of People v. Aguilar ruled the section of the statute under which Borne had been convicted was unconstitutional. Borne filed a petition to vacate his conviction based on the Aguilar ruling, which was granted on August 22, 2014, and his charge was dismissed. Over the State's opposition that Borne could have been charged under sections of the statute that were constitutional, Cook County Circuit Court Judge LeRoy Martin granted Borne a Certificate of Innocence. Borne filed a claim for wrongful imprisonment compensation, and he was awarded $30,000 by the State of Illinois Court of Claims." |
Conviction Caused By: |
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Innocence Proved By: |
"The Illinois Supreme Court in the 2013 case of People v. Aguilar ruled the section of the statute under which Borne had been convicted was unconstitutional. Borne filed a petition to vacate his conviction based on the Aguilar ruling, which was granted on August 22, 2014, and his charge was dismissed." |
Defendant Aided By: |
"Bradley Yusim, a partner at the law firm of Jenner & Block, and Jenner & Block associate attorney LaRue Robinson." |
Compensation Awarded: |
"$30,000 (State of Illinois, 2-24-2016)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
19 |
Age When Released: |
21 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Marcus Borne, National Registry of Exonerations" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org