Wrongly Convicted Database Record

 

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Darrell A. Copeland

 

Charge:

Firearm related (including ammunition)

Sentence:

5 years

Years Imprisoned:

1.5

Year Crime:

2006

Year Convicted:

2007

Year Cleared:

2008

U.S. State or Country of Crime:

Virginia

County or Region of Crime:

Chesapeake City

City of Crime:

Chesapeake City

Result:

Judicially Exonerated

Summary of Case:

"Darrell A. Copeland was wrongly convicted in 2007 of being a felon in possession of a firearm. Darrell Copeland was sentenced to five years in prison. After his conviction was affirmed on direct appeal, a new analysis showed that the item wasn't a pistol, but a "replica pistol ... not a functional firearm." Copeland filed a "Writ of Actual Innocence" under Virginia's 2004 law that provided for overturning a conviction on the basis of new evidence. The prosecution agreed that the item in Copeland's possession wasn't a firearm and that his conviction should be overturned. On August 12, 2008 Virginia's Court of Appeal overturned Copeland's conviction. He was the first person out of 130 applications, to have his conviction overturned based on the 2004 law. "

Conviction Caused By:

Erroneous testimony by a police officer that Copeland was in possession of an unloaded pistol.

Innocence Proved By:

"On August 12, 2008 Virginia's Court of Appeal overturned Copeland's conviction and issued a writ of actual innocence."

Defendant Aided By:

Chesapeake public defender.

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

18

Age When Released:

20

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Virginia supports inmate's bid for exoneration, By Larry O'Dell, Daily Press (Richmond, VA), July 17, 2008"

Information Location 1:

"http://www.dailypress.com/news/local/virginia/dp-va--innocencewrit0717jul17,0,5259269.story"

Information Source 2:

"Inmate is first exonerated under 2004 Va. Law, By Larry O'Dell, Daily Press (Richmond, VA), August 12, 2008"

Information Location 2:

"http://www.dailypress.com/news/local/virginia/dp-va--innocencewrit0812aug12,0,7557607.story"

Information Source 3:

"Copeland v. Commonwealth, 52 Va. App. 529, 532, 664 S.E.2d 528, 530 (2008)"

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

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