Wrongly Convicted Database Record
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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: |
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Was Perpetrator Identified? |
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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