Wrongly Convicted Database Record

 

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Joseph Eberhard

 

Charge:

Breaking and entering

Sentence:

1 to 15 years

Years Imprisoned:

Year Crime:

Year Convicted:

1970

Year Cleared:

1995

U.S. State or Country of Crime:

Michigan

County or Region of Crime:

St. Joseph

City of Crime:

Result:

Pardoned

Summary of Case:

"Joseph Eberhard was convicted in 1970 of breaking and entering in St. Joseph County, Michigan. Eberhard was sentenced to 1 to 15 years imprisonment. Joseph Eberhard was pardoned by Michigan's governor on July 12, 1995. An executive pardon in Michigan erases a conviction and restores the pardoned person's presumption of innocence the same as a court order vacating a conviction. The Michigan Court of Appeal stated in People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002): "As our Supreme Court has observed, such an act of clemency "`reaches both the punishment prescribed for the offense and the guilt of the offender. It releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.'" People v. Stickle, 156 Mich. 557, 564, 121 N.W. 497 (1909), quoting People, ex rel. Forsyth v. Court of Sessions of Monroe County, 141 N.Y. 288, 294-295, 36 N.E. 386 (1894)."

Conviction Caused By:

Innocence Proved By:

"Joseph Eberhard was pardoned by Michigan's governor on July 12, 1995. An executive pardon in Michigan erases a conviction and restores the pardoned person's presumption of innocence the same as a court order vacating a conviction. The Michigan Court of Appeal stated in People v. Van Heck, 252 Mich. App. 207, 651 NW 2d 174 (Mich. Ct. of Appeals 9-24-2002): "As our Supreme Court has observed, such an act of clemency "`reaches both the punishment prescribed for the offense and the guilt of the offender. It releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.'" People v. Stickle, 156 Mich. 557, 564, 121 N.W. 497 (1909), quoting People, ex rel. Forsyth v. Court of Sessions of Monroe County, 141 N.Y. 288, 294-295, 36 N.E. 386 (1894)."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Pardons Approved By Governor, 1/1/1969 to 4/30/2015, Mich. Dept. of Corr., Office of the Parole and Commutation Board (List of 69 pardoned individuals sent to Hans Sherrer on 4/30/2015)"

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

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