Wrongly Convicted Database Record

 

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David Wayne Burks

 

Charge:

Bank Robbery

Sentence:

20 years

Years Imprisoned:

2.67

Year Crime:

1975

Year Convicted:

1976

Year Cleared:

1978

U.S. State or Country of Crime:

Tennessee - Federal Case

County or Region of Crime:

Davidson

City of Crime:

Nashville

Result:

Judicially Exonerated

Summary of Case:

"David Wayne Burks was wrongly convicted in February 1976 robbing a bank in Nashville, Tennessee in October 1975. Burks was arrested on October 23, 1975. Burks was released on October 28, 1975 after his father V. E. Burks posted his $5,000 bail. After Burks' conviction by a jury he was sentenced on February 26, 1976 to 20 years in prison. His motion to remain free pending his appeal was denied. Burks appealed on the basis the prosecution introduced insufficient evidence to prove that Burks, who suffered from mental illness, was able to form the requisite criminal intent to rob the bank. On December 30, 1976 the U.S. Sixth Circuit Court of Appeals reversed Burks' conviction on the basis the prosecution introduced insufficient evidence. The U.S. Supreme Court accepted review of Burks case to resolve the single issue of whether the Sixth Circuit's de facto acquittal of Burks barred his retrial and required dismissal of his bank robbery charge. On June 18, 1978 the U.S. Supreme Court issued the precedent setting ruling that because the prosecution introduced insufficient evidence to prove beyond a reasonable doubt that Burks was guilty of bank robbery, and therefore a judgment of acquittal must be entered in his case, and his retrial was barred by double jeopardy. Specifically, the government didn't introduce evidence proving Burks was sane, and therefore could have acted with criminal intent."

Conviction Caused By:

Innocence Proved By:

"On June 18, 1978 the U.S. Supreme Court issued the precedent setting ruling that because the prosecution introduced insufficient evidence to prove beyond a reasonable doubt that Burks was guilty of bank robbery, and therefore a judgment of acquittal must be entered in his case, and his retrial was barred by double jeopardy. Specifically, the government didn't introduce evidence proving Burks was sane, and therefore could have acted with criminal intent."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Burks v. United States, 437 US 1 (1978)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=329362241829302948&q=insufficient+evidence+reversed&hl=en&as_sdt=6,48"

Information Source 2:

"United States v. Burks, 547 F. 2d 968 (6th Cir., 1977) (Reversing conviction based on insufficient evidence to prove Burks had criminal intent.)"

Information Location 2:

http://openjurist.org/547/f2d/968/united-states-v-burks

Information Source 3:

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