Wrongly Convicted Database Record
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Charge: |
Theft by deception |
Sentence: |
"10 years probation, 100 hrs comm service, $2,500 fine, and $975 restitution" |
Years Imprisoned: |
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Year Crime: |
2002 |
Year Convicted: |
2005 |
Year Cleared: |
2007 |
U.S. State or Country of Crime: |
Georgia |
County or Region of Crime: |
Douglas |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Lori Campbell was wrongly convicted on January 24, 2005 of theft by deception in Douglas County, Georgia. Campbell's prosecution was based on her receiving a total of $975 on August 1 and August 2, 2002 related to the lease/purchase of a house (plus $40 for a credit check), that the person paying the money discovered on the weekend of August 3-4 was in foreclosure. The lease/purchaser was unable to contact broker and contacted the police. Campbell was arrested and charged on November 30, 2002 with theft by deception, for allegedly promising to provide brokerage services. Campbell waived her right to a jury trial, and she was convicted following a bench trial. Campbell was sentenced to 10 years probation, $2,500 fine, $975 restitution, and 100 hours community service. Campbell appealed. On June 22, 2007 the Georgia Court of Appeals reversed Campbell's conviction on the basis the prosecution failed to introduce sufficient evidence to prove her guilt beyond a reasonable doubt of all essential elements of theft by deception. The Court stated that the State introduced no evidence that Campbell and the lease/purchaser had entered into a contract/agreement for what she was to receive for her services -- which is an essential element of theft by deception in Georgia. The court's ruling stated: "We agree that the evidence at trial did not show a prima facie case of theft by deception. ... Without consideration for brokerage services there can be no brokerage contract, and without a definite brokerage contract there can be no theft by deception based upon a promise of brokerage services. We thus find the evidence insufficient to support Campbell's conviction for theft by deception." [Campbell v. State of Georgia, No.?A07A0442 (Georgia Ct of Appeals, 6-22-2007)] The Court's ruling efffectively acquitted her because the prosecution hadn't proved a crime had been committed, and the charges were subsequently dismissed." |
Conviction Caused By: |
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Innocence Proved By: |
"On June 22, 2007 the Georgia Court of Appeals reversed Campbell's conviction on the basis the prosecution failed to introduce sufficient evidence to prove her guilt beyond a reasonable doubt of all essential elements of theft by deception. The Court stated that the State introduced no evidence that Campbell and the lease/purchaser had entered into a contract/agreement for what she was to receive for her services -- which is an essential element of theft by deception in Georgia. The court's ruling stated: "We agree that the evidence at trial did not show a prima facie case of theft by deception. ... Without consideration for brokerage services there can be no brokerage contract, and without a definite brokerage contract there can be no theft by deception based upon a promise of brokerage services. We thus find the evidence insufficient to support Campbell's conviction for theft by deception." [Campbell v. State of Georgia, No.?A07A0442 (Georgia Ct of Appeals, 6-22-2007)] The Court's ruling efffectively acquitted her because the prosecution hadn't proved a crime had been committed, and the charges were subsequently dismissed." |
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Was Perpetrator Identified? |
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Sex: |
Female |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Campbell v. The State of Georgia, No.?A07A0442 (Court of Appeals of Georgia, June 22, 2007) (Reversing conviction based on insufficient evidence of guilt introduced at trial.)" |
Information Location 1: |
http://caselaw.findlaw.com/ga-court-of-appeals/1191910.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org