Wrongly Convicted Database Record

 

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Linda Fay Carnes

 

Charge:

Drug Related (Possession or sale)

Sentence:

5 years

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2014

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Wharton

City of Crime:

Wharton

Result:

Judicially Exonerated

Summary of Case:

"Linda Fay Carnes was wrongly convicted on January 13, 2014 of manufacturing or delivery (possession) of a controlled substance (cocaine) in Wharton County, Texas. Carnes was 26 when she and a companion, Benjamin Kamaliazad, 27, were arrested on Thanksgiving Day 2014 after bombs were found in their car by police who had stopped them in Wharton. Linda Carnes was charged with two counts of possessing a prohibited weapon, manufacturing/delivery of a controlled substance, possession of marijuana and three counts of possession of a controlled substance. Carnes had a prior burglary conviction and pled guilty to possessing 200 t0 400 grams of cocaine in exchange for dismissal of the other charges. She was sentenced to five years in prison. After her conviction the crime lab tests of the substance found in the car were negative for cocaine. Based on that new evidence Carnes filed a writ of habeas corpus to vacate her conviction. On November 5, 2014 the Texas Court of Criminal Appeals granted her writ and set-aside her conviction."

Conviction Caused By:

Innocence Proved By:

"On November 5, 2014 the Texas Court of Criminal Appeals granted her writ and set-aside her conviction."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

26

Age When Released:

27

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Ex Parte Linda Fay Carnes, No. WR-82, 203-01 (TX Ct. Crim. Appeals, 11-5-2014) (Granting writ of habeas corpus vacating conviction)"

Information Location 1:

http://law.justia.com/cases/texas/court-of-criminal-appeals/2014/wr-82-203-01.html

Information Source 2:

"The State of Texas vs Linda Fay Carnes, No. CR19179 (Wharton County Dist. Ct.)"

Information Location 2:

Information Source 3:

"Wharton PD: Couple arrested with bombs in car: Man and woman also had drugs in vehicle, investigators say, By Louis Lochte, Click2Houston.com, December 5 2013"

Information Location 3:

http://www.click2houston.com/news/wharton-pd-couple-arrested-with-bombs-in-car/23343336

Information Source 4:

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Information Source 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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