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Wrongly Convicted Database Record
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Charge: |
Possession of concealed weapon |
Sentence: |
4 to 10 years & 5 years probation |
Years Imprisoned: |
1.25 |
Year Crime: |
1993 |
Year Convicted: |
1995 |
Year Cleared: |
1996 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Cuyahoga |
City of Crime: |
Bratenahl |
Result: |
Judicially Exonerated |
Summary of Case: |
"Carl Doss was wrongly convicted on March 3, 1995 of carrying a concealed weapon with a violence specification, and impersonating a peace officer in Cuyahoga County, Ohio. Doss' prosecution was based on his stop for speeding on Interstate 90 on September 17, 1993. Doss provided the officer with identification showing he was a licensed private investigator, that he was authorized to carry three different kinds of guns, and apologized for speeding because he was on his way home. Doss was arrested for carrying a concealed 9mm pistol in his shoulder holster and obstructing official police business. He was indicted on February 7, 1994. Almost a year later, the trial judge denied Doss' motion to dismiss his indictment for violation of his right to a speedy trial. During Doss' trial that began on February 27, 1995, George Paree, an employee of the Ohio Department of Commerce testified for the defense that his division licenses security guard providers and private investigators. He also testified that Doss' licensing meant he could provide private investigator services, and that he had a license to carry firearms that included a revolver, a shotgun, and a semiautomatic pistol. Since the prosecution presented no evidence that Doss impersonated a peace officer, that he obstructed a police officer, or that he illegally possessed his pistol, Doss made a motion for a judgment of acquittal that was denied by the trial judge. Defense witnesses testified that Doss engaged in private security work, that he engaged in target practice with his pistol, and Doss testified in his defense about his professional training and his private security work. After the jury convicted Doss the judge sentenced to Doss to serve 4 to 10 years in prison for carrying a concealed weapon. The judge also sentencted Doss to 5 to 10 years in prison for impersonating a police officer, but that sentence was suspended in lieu of 5 years of probation on his release from prison. Doss appealed, arguing the trial judge erred in denying his motion for a directed judgment of acquittal to both counts. On May 13, 1996 the Ohio Court of Appeals reversed Doss' convictions on the basis the trial judge erred in not granting his motion for a directed verdict because there was no evidence presented that Doss mislead the arresting officer tht he was a "peace officer" and he "was specially authorized to carry a firearm. He fully complied with R.C. 4749.10 and was licensed by the city of Cleveland as an armed security guard. .. We also find that this is one of those exceptional cases where "the jury clearly lost its way and created such a manifest miscarriage of justice" that the conviction must be reversed as against the manifest weight of the evidence." (State v. Doss, 111 Ohio App.3d 63 (Ohio COA, 8th Dist. 5-13-1996) On November 10, 1997 Carl Doss filed a complaint seeking compensation with the Ohio Court of Claims. On August 12, 1999 the Ohio Court of Claims entered a judgment against the State of Ohio in favor of Doss and awarded him compensation of $75,500.75." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 13, 1996 the Ohio Court of Appeals reversed Doss' convictions on the basis the trial judge erred in not granting his motion for a directed verdict because there was no evidence presented that Doss mislead the arresting officer tht he was a "peace officer" and he "was specially authorized to carry a firearm. He fully complied with R.C. 4749.10 and was licensed by the city of Cleveland as an armed security guard. .. We also find that this is one of those exceptional cases where "the jury clearly lost its way and created such a manifest miscarriage of justice" that the conviction must be reversed as against the manifest weight of the evidence."" |
Defendant Aided By: |
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Compensation Awarded: |
"$75,500.75 (State of Ohio, 8-12-1999)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
35 |
Age When Released: |
36 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"State v. Doss, 111 Ohio App.3d 63 (Court of Appeals of Ohio, Eighth District, Cuyahoga County, 5-13-1996) (Reversing convictions and ordering acquittal.)" |
Information Location 1: |
http://www.leagle.com/decision/1996174111OhioApp3d63_1166/STATE%20v.%20DOSS |
Information Source 2: |
"Carl Doss v. State of Ohio, No. 1997-11932 WI (Ohio Court of Claims, 8/12/1999 (Granting judgment of $75,500.75)" |
Information Location 2: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/casedetail.htm?caseno=199711932 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org