Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
60 days in jail and 3 years supervised release |
Years Imprisoned: |
0.1 |
Year Crime: |
2009 |
Year Convicted: |
2009 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Oregon |
County or Region of Crime: |
Jackson |
City of Crime: |
Medford |
Result: |
Judicially Exonerated |
Summary of Case: |
"Joshua Ryan Brewer was wrongly convicted in state court in Medford, Oregon of felony possession and manufacture of a controlled substance related to his possession of marijuana plants and marijuana that was drying in his house. The defense of Joshua Brewer was he had a Oregon Medical Marijuana Act (OMMA) card and number of plants and amount of usable marijuana seized was within the amount allowed by Oregon law. After Brewer's conviction by a jury he was sentenced to 60 days in jail and 3 years of supervised release. Brewer appealed arguing that the trial judge erred by failing to grant a motion for a judgment of acquittal because the state hadn't proven beyond a reasonable doubt that he committed his convicted crimes. On March 28, 2012 by the Oregon Court of Appeals overturned Brewer's convictions and ordered his acquittal based on the Oregon Attorney General's 'confesssion of error' by the trial judge in not granting a motion for a judgment of acquittal. Brewer had already completed his 60 day sentence and most of his 3 years of supervised release." |
Conviction Caused By: |
The trial judge erred not granting Brewer's motion for a judgment of acquittal after the prosecution rested presenting its case. |
Innocence Proved By: |
"On March 28, 2012 by the Oregon Court of Appeals overturned Brewer's convictions and ordered his acquittal based on the Oregon Attorney General's 'confesssion of error' by the trial judge in not granting a motion for a judgment of acquittal." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
24 |
Age When Released: |
24 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Oregon vs Joshua Ryan Brewer, No. A-146981 (OR Ct of Appeals, 3-28-2012)" |
Information Location 1: |
http://www.publications.ojd.state.or.us/docs/A146981.pdf |
Information Source 2: |
"Man's marijuana conviction reversed, pot wasn't "usable" says Ore. AG, By Crimesider Staff, CBS News - Associated Press, February 2, 2012" |
Information Location 2: |
http://www.cbsnews.com/news/mans-marijuana-conviction-reversed-pot-wasnt-usable-says-ore-ag/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org