Wrongly Convicted Database Record
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Charge: |
"Sexual Crime Online (e.g., enticing minor in chatroom for sex)" |
Sentence: |
10 yrs |
Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
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Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Hamilton |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Derek Marshall Elmore was wrongly convicted in of online solicitation of a minor in Hamilton County, Texas. He did not appeal his conviction. In 2013 the Texas Court of Criminal Appeals ruled that § 33.021(b) unconstitutional in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). Elmore filed a writ of habeas corpus that his convictions were no longer valid in light of Lo. On February 24, 2016 the Texas Court of Criminal Appeals granted Elmore's writ of habeas corpus and ordered dismissal of his indictments." |
Conviction Caused By: |
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Innocence Proved By: |
"On February 24, 2016 the Texas Court of Criminal Appeals granted Elmore's writ of habeas corpus and ordered dismissal of his indictments." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Ex Parte Derek Marshall Elmore, No. WR-82,491-01 (Tex. Court of Criminal Appeals 2-24-2016)" |
Information Location 1: |
http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=b34906af-fbec-481f-aa94-6663731ed6e7&coa=coscca&DT=OPINION&MediaID=e355aa8d-ce98-4987-9bb1-ca26f058bba6 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org