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Wrongly Convicted Database Record
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Charge: |
Possessing Stolen Property |
Sentence: |
10 to 25 years |
Years Imprisoned: |
9 |
Year Crime: |
2003 |
Year Convicted: |
2004 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Nevada |
County or Region of Crime: |
Washoe |
City of Crime: |
Reno |
Result: |
Judicially Exonerated |
Summary of Case: |
"Stephen Comstock was wrongly convicted on March 23, 2004 of possessing stolen property in Reno, Nevada. The prosecution's case was that Comstock illegally possessed a ring commemorating Randy Street's 1991-1992 national college wrestling championship. The State contended that Comstock or Danny Carter, a known burglar, stole the ring from Street's apartment, and then Comstock pawned it. Comstock didn't deny pawning the ring, but his defense at trial was the ring was not stolen, but found outside Street's apartment, where Street likely had lost it. After his convictin by a jury Comstock was sentenced under Nevada's habitual offender statute to serve 10 to 25 years in prison. Comstock's direct appeal was denied, and his state habeas was denied that alleged the prosecution violated Brady by failing to disclose the favorable evidence that "Randy Street, had serious doubts about whether his ring was actually stolen. In a pre-sentencing statement, Street wrote that, prior to trial, he told the prosecutor and the investigating detective that he remembered a time he had taken the ring off outside his apartment, placing it either on the ground or on an air conditioner, and did not recall putting it back on, meaning that the ring might have been lost outside, not stolen, just as Comstock's lawyer had argued to the jury." The U.S. District Court denied Comstock's federal habeas on February 14, 2014. Comstock appealed that ruling. On May 12, 2015 the U.S. Ninth Circuit Court of Appeals granted Comstock's federal habeas corpus petition on the basis the prosecution failed to disclose the favorable evidence of Street's pre-sentencing statement as required by Brady. The Washoe County DA declined to retry Comstock, and the DA's motion to dismiss was granted on July 28, 2015." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 12, 2015 the U.S. Ninth Circuit Court of Appeals granted Comstock's federal habeas corpus petition on the basis the prosecution failed to disclose favorable evidence prior to trial as required by Brady. The Washoe County DA declined to retry Comstock, and the DA's motion to dismiss was granted on July 28, 2015." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
43 |
Age When Released: |
52 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Comstock v. Humphries, No. 14-15311 (9th Cir., 5-12-2015) (Granting federal habeas petition on basis of Brady violation)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=8835907289319252502&q=Stephen+Comstock&hl=en&as_sdt=4,72,73,78,79,80,86,88,93,114,129,134,135,141,142,143,149,151,156,258,259,260,261,310,311,321,322,323,324,373,374,383" |
Information Source 2: |
"Comstock v. Humphries, No. 3:10-cv-00147-LRH-WGC.(Dist. Ct, D. Nevada, 2-14-2014) (Denying federal habeas petition.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=454092614415943331&q=Stephen+Comstock&hl=en&as_sdt=4,72,73,78,79,80,86,88,93,114,129,134,135,141,142,143,149,151,156,258,259,260,261,310,311,321,322,323,324,373,374,383" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org