Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
180 days suspended and 3 years probation |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
McLean |
City of Crime: |
Lexington |
Result: |
Judicially Exonerated |
Summary of Case: |
"Kuldeep Chatha was wrongly convicted in March 2013 after a bench trial of possession of a controlled substance with the intent to deliver on February 23, 2012 at a BP Amoco gas station and convenience store Chatha owned near Lexington, Illinois. Specifically, the State alleged Chatha "knowingly" possessed with the intent to deliver more than [50] grams of "Bulldog Potpourri," a substance containing AM-2201, which a government informant bought for $27.44 from a clerk employed by Chatha. Chatha was sentenced in July 2013 to 180 days in custody suspended on condition of successfully completing 3 years of probation. Chatha appealed on the basis he believed "Bulldog Potpourri" was a legal incense and so he did not "knowingly" sell an illegal substance. Chatha's clerk Dinesh Patel who sold the "Bulldog Potpourri" was also convicted of the same charge, and on September 11, 2013 the Illinois Court of Appeals reversed his conviction on the basis of insufficient evidence he knowingly sold a controlled substance. (See, People v. Dinesh Patel, 996 NE 2d 1114 (Ill. Appellate Court, 4th Dist. 9-11-2013). On May 29, 2015 the Illinois Court of Appeals, Div. 4 reversed Chatha's conviction on the basis of insuffiicent evidence he "knowingly" violated the law. So both Chatha and his clerk Patel were exonerated." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 29, 2015 the Illinois Court of Appeals, Div. 4 reversed Chatha's conviction on the basis of insuffiicent evidence he "knowingly" violated the law." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"People v. Kuldeep Chatha, 2015 IL App (4th)130652 (Ill. Ct. of Appeals, Div. IV, 5-29-2015) (Vacating conviction on insufficient evidence)" |
Information Location 1: |
http://www.illinoiscourts.gov/Opinions/AppellateCourt/2015/4thDistrict/4130652.pdf |
Information Source 2: |
"Conviction overturned in synthetic-marijuana case, By Edith Brady-Lunny, pantagraph.com, June 02, 2015" |
Information Location 2: |
http://www.pantagraph.com/news/local/crime-and-courts/conviction-overturned-in-synthetic-marijuana-case/article_a38f1caf-0fbd-50ec-8db7-05b2af55a345.html |
Information Source 3: |
"People v. Patel, 996 NE 2d 1114 (Ill. Appellate Court, 4th Dist. 9-11-2013) (Reversing conviction based on insufficient evidence)" |
Information Location 3: |
"http://scholar.google.com/scholar_case?case=14959492201543617227&q=Patel,+2013+IL+App+%284th%29+121111,+%C2%B6+1,+996+N.E.2d+1114&hl=en&as_sdt=6,48" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org