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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
30 years |
Years Imprisoned: |
12 |
Year Crime: |
1999 |
Year Convicted: |
2001 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
South Carolina |
County or Region of Crime: |
Jasper |
City of Crime: |
Pineland |
Result: |
Judicially Exonerated |
Summary of Case: |
"Roger Bostick was wrongly convicted in 2001 of murdering 69-year-old Sarah Polite in her Pineland, South Carolina home in March 1999. The prosecution also alleged the 46-year-old Bostick set her house on fire with gasoline after the murder, but he wasn’t convicted of arson. After his conviction by a jury Bostick was sentenced to 30 years in prison. Bostick's lawyer did not file a notice of appeal. The South Carolina court's denied Bostick's post-conviction petition that his lawyer was ineffective for failing to file a notice of appeal. Bostick filed a federal habeas corpus petition that claimed his lawyer was ineffective for not consulting with him about appealing his conviction. The U.S. District Court Judge denied Bostick's petition as procedurally defaulted. The Fourth Circuit Court of Appeals issued a certificate of appealability.The appeals court ruled on December 17, 2009 that Bostick’s petition wasn’t procedurally defaulted, and it further ruled “we find that the performance of Bostick’s trial counsel was constitutionally deficient because counsel did not consult with Bostick about an appeal following his conviction. … We remand this case to the district court with instructions that it issue the writ of habeas corpus and that it order Bostick released from prison unless the state grants him a direct appeal within a reasonable time.” (Roger Bostick v. FNU Stevenson, No. 08-6331 (4th Cir, 12-17-2009)). The State agreed to allow Bostick a direct appeal. It had taken Bostick seven years of effort against the State of Carolina’s intense opposition to even have a chance to have his conviction overturned. On April 11, 2011 the South Carolina Supreme Court unanimously reversed Bostick’s conviction and ordered the circuit court to issue a directed verdict of not guilty, which bars his retrial. (State v Bostick, No 26961 (SC Supreme Court, 4-11-2011))." |
Conviction Caused By: |
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Innocence Proved By: |
"On April 11, 2011 the South Carolina Supreme Court unanimously reversed Bostick’s conviction and ordered the circuit court to issue a directed verdict of not guilty, which bars his retrial. (State v Bostick, No 26961 (SC Supreme Court, 4-11-2011))." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
44 |
Age When Released: |
56 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"State v Bostick, No 26961 (SC Supreme Court, 4-11-2011)" |
Information Location 1: |
http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=26961 |
Information Source 2: |
"SC Supreme Court Orders Roger Bostick’s Acquittal Of Murder After 10 Years Imprisonment, By Hans Sherrer, Justice Denied, April 12, 2011" |
Information Location 2: |
http://justicedenied.org/wordpress/archives/980 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org