Wrongly Convicted Database Record

 

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David Cupello

 

Charge:

Battery (Misdemeanor)

Sentence:

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2014

Year Cleared:

2015

U.S. State or Country of Crime:

Indiana

County or Region of Crime:

Marion

City of Crime:

Indianapolis

Result:

Judicially Exonerated

Summary of Case:

"David Cupello was wrongly convicted in Indianapolis, Indiana on May 12, 2014 of misdemeanor battery on a police officer for shutting his apartment door on a constable's foot, shoulder and head on January 23, 2014 to prevent his warrantless, illegal entry. During Cupello's bench (judge only) trial, his defense was that in 2012 Indiana amended its law related to battery so that a person has the right to use reasonable force to prevent or terminate the unlawful entry into their dwelling by a public employee/police officer. The judge found Cupello guilty, and he appealed. On March 11, 2015 the Indiana Court of Appeals vacated Cupello's convictions on the basis the prosecution introduced insufficent evidence that he committed battery because under a 2012 Indiana law a person can lawfully resist the illegal entry into their home by a public employee."

Conviction Caused By:

Trial judge failed to apply Indiana's Castle law to Cupello's protection of his home.

Innocence Proved By:

"On March 11, 2015 the Indiana Court of Appeals vacated Cupello's convictions on the basis the prosecution introduced insufficent evidence that he committed battery because under a 2012 Indiana law a person can lawfully resist the illegal entry into their home by a public employee."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Cupello v. State, No. No. 49A02-1406-CR-394.(Indiana Ct of Appeals, 3-11-2015)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=14304819425390752227&q=David+Cupello&hl=en&as_sdt=6,48"

Information Source 2:

"Castle Doctrine Win: Conviction Overturned For Man Who ‘Assaulted’ Home-Invading Officer, Police State Daily"

Information Location 2:

http://policestatedaily.com/castle-doctrine-win-conviction-overturned-for-man-who-assaulted-home-invading-officer/

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

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