Vernon Ellis

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Charge:	First Degree Manslaughter
Sentence:
Years Imprisoned:	2
Year Crime:	1973
Year Convicted:	1976
Year Cleared:	1978
U.S. State or Country of Crime:	New York
County or Region of Crime:	New York
City of Crime:	New York City
Result:	Judicially Exonerated Released
Summary of Case:	"Vernon Ellis was wrongly convicted of first degree manslaughter in New York County on October 1, 1976. On May 16, 1978 the New York Supreme Court Appellate Division set aside Ellis' conviction on the basis trial Judge Burton Roberts' “excessive questioning and examination of witnesses, including the defendant ... [made] him appear to be an advocate rather than an impartial arbiter." The Court also stated, "Where the Trial Judge oversteps the bounds and assumes the role of a prosecutor, however well intentioned the motive there is a denial of a fair trial and there must be a reversal. Here, we have concluded that the Trial Justice unduly injected himself into the proceeding to such an extent as to deny defendant a fair and impartial trial. ... Throughout the trial, the court assumed the function of the prosecutor to such an extent as to deprive defendant of a fair trial and to impair the aura of impartiality which should surround every judicial proceeding." (People v. Ellis, 62 AD 2d 469, 404 NYS 2d 862 (NY Appellate Div., 1st Dept., 1978)) The appeals court ordered that any retrial would be before a different trial judge, but the New York County County DA elected not to retry Ellis and the charges were dismissed. Ellis was freed after two years of imprisonment."
Conviction Caused By:	Trial judge acted as an advocate for the prosecution.
Innocence Proved By:	"On May 16, 1978 the New York Supreme Court Appellate Division set aside Ellis' conviction on the basis the trial judge's “excessive questioning and examination of witnesses, including the defendant ... [made] him appear to be an advocate rather than an impartial arbiter.” The New York County County DA elected not to retry Ellis and the charge was dismissed, and he was freed."
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Was Perpetrator Identified?
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Sex:	Male
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Information Source 1:	"People v. Ellis, 62 AD 2d 469, 404 NYS 2d 862 (NY Appellate Div., 1st Dept., 1978)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=11021293247867006990&q=vernon+ellis&hl=en&as_sdt=6,48"
Information Source 2:	"Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988, by Marty I. Rosenbaum, 18 N.Y.U. Rev. L. & Soc. Change 807"
Information Location 2:	http://deskovic.org/research/article/id/Inevitable-Error-Wrongful-New-York-State-Homicide-Convictions
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Vernon Ellis

Charge:

First Degree Manslaughter

Sentence:

Years Imprisoned:

2

Year Crime:

1973

Year Convicted:

1976

Year Cleared:

1978

U.S. State or Country of Crime:

New York

County or Region of Crime:

New York

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Trial judge acted as an advocate for the prosecution.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Ellis, 62 AD 2d 469, 404 NYS 2d 862 (NY Appellate Div., 1st Dept., 1978)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=11021293247867006990&q=vernon+ellis&hl=en&as_sdt=6,48"

Information Source 2:

"Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988, by Marty I. Rosenbaum, 18 N.Y.U. Rev. L. & Soc. Change 807"

Information Location 2:

http://deskovic.org/research/article/id/Inevitable-Error-Wrongful-New-York-State-Homicide-Convictions

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Book Information:

Book About Case (2):

Book Information (2):

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