Wrongly Convicted Database Record

 

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Scott Andrew Chessman

 

Charge:

Failure to report change of phone number as a sex offender

Sentence:

3 years

Years Imprisoned:

1.2

Year Crime:

2008

Year Convicted:

2009

Year Cleared:

2010

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Montgomery

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Scott Andrew Chessman was wrongly convicted in 2009 of failing to register a change in his phone number as a registered sex offender in December 2008, in Montgomery County, Ohio. Chessman was required to register as a sex offender as a result of a rape conviction in 2003 that resulted in a three year prison sentence. After his conviction following a bench trial, Chessman was sentenced to three years in prison. Chessman appealed. On July 9, 2010 the Court of Appeals of Ohio, Second Appellate District, Montgomery County reversed Chessman's conviction on the basis he did not commit a crime because the law under which he was prosecuted did not provide a penalty for failure to register a change of his phone number, and therefore the trial court did not have jurisdiction for his prosecution. Chessman was released after about 1-1/3 years in prison. As a predicate to filing a claim for compensation with the State of Ohio, on April 12, 2011 Chessman filed a declaratory judgment action in the Montgomery County Court of Common Pleas for a judgment that he was a “wrongfully imprisoned individual.” On September 14, 2012 the judge ruled against Chessman by granting the State of Ohio’s motion for summary judgment. Chessman appealed. On June 28, 2013 the Court of Appeals for Montgomery County reversed the lower court's ruling, and ordered that judgment be entered for Chessman, that he was a "wrongly imprisoned individual." On June 27, 2014 Chessman filed a claim with the Ohio Court of Claims seeking compensation for his wrongful imprisonment for 439 days (May 4, 2009 to July 16, 2010). On September 11, 2014 the Court of Claims approved a settlement between the State of Ohio and Chessman awarding him a total of $82,000, with Chessman receiving $60,511.43 for his wrongful imprisonment plus $$5,339.32 in lost wages; and his attorney receiving $16,149.25."

Conviction Caused By:

Innocence Proved By:

"On July 9, 2010 the Court of Appeals of Ohio, Second Appellate District, Montgomery County reversed Chessman's conviction on the basis he did not commit a crime because the law under which he was prosecuted did not provide a penalty for failure to register a change of his phone number, and therefore the trial court did not have jurisdiction for his prosecution."

Defendant Aided By:

Compensation Awarded:

"$82,000 (State of Ohio, September 2014) (Chessman received $60,511.43 for his wrongful imprisonment plus $$5,339.32 in lost wages; and his attorney receiving $16,149.25.)"

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Scott Chessman v. The State of Ohio, No. 2014-00591-WI (Ct of Claims of Ohio, 9/11/2014) (Settlement Agreement and Release of all Claims)"

Information Location 1:

http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=140911001354174&Seq=1

Information Source 2:

"State v. Chessman, 188 Ohio App.3d 428, 2010-Ohio-3239 (Reversing conviction based on non-commission of a crime under the statute and the trial court lacking jurisdiction.)"

Information Location 2:

https://www.supremecourt.ohio.gov/rod/docs/pdf/2/2010/2010-ohio-3239.pdf

Information Source 3:

"Chessman v. State, 2013 Ohio 2757 (Ohio Ct of Appeals, 6-28-2013) (Reversing lower court and ordering grant of summary judgment for Chessman)"

Information Location 3:

https://www.courtlistener.com/opinion/2693280/chessman-v-state/

Information Source 4:

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Information Source 5:

Information Location 5:

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

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