Curtis Fournier

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Charge:	"Sexual Crime Online (e.g., enticing minor in chatroom for sex)"
Sentence:	2 years
Years Imprisoned:	1
Year Crime:	2008
Year Convicted:	2008
Year Cleared:	2015
U.S. State or Country of Crime:	Texas
County or Region of Crime:	Harris
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Curtis Fournier was wrongly convicted on August 6, 2008 of online solicitation of a minor in Harris County, Texas. Fournier pled guilty and was sentenced to two years imprisonment. In 2013 the Texas Court of Criminal Appeals ruled that in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013) that the statute was unconstitutional that Fournier had been convicted of violating. In 2014 Fournier filed a habeas corpus petition under Lo that requesting vacating his conviction based on the Lo decision and his actual innocence. The State didn't oppose his petition, agreeing he was actually innocent. On August 13, 2014, the Harris County District Court adopted the State's proposed findings and recommended relief be granted. The case then went to Texas Court of Criminal Appeals that has jurisdiction for final determination of a habeas proceeding. On October 28, 2015 the Texas Court of Criminal Appeals granted Curtis Fournier's habeas corpus petition based on the unconstitutionality of the statute he was convicted of violating. However, the Court ruled that in spite of the State agreeing Fournier was actually innocent, his claim did not meet the requirement of Ex parte Elizondo, 947 S.W.2d 202, 206-07 (Tex. Crim. App. 1996) that he did not commit the action for which he was convicted -- even if it legally wasn't a criminal act. The Court also ruled that Ex parte Lo was to be applied retroactively."
Conviction Caused By:	Unconstitutional statute.
Innocence Proved By:	"On October 28, 2015 the Texas Court of Criminal Appeals granted Curtis Fournier's habeas corpus petition based on the unconstitutionality of the statute he was convicted of violating."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"Ex Parte Fournier, No. WR-82,102-01 (Tex. Court of Criminal Appeals 10-28-2015) (Granting habeas corpus relief and ordering dismissal of indictment based on unconstitutionality of the statute he was convicted of violating.)"
Information Location 1:	http://law.justia.com/cases/texas/court-of-criminal-appeals/2015/wr-82-102-01.html
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Curtis Fournier

Charge:

"Sexual Crime Online (e.g., enticing minor in chatroom for sex)"

Sentence:

2 years

Years Imprisoned:

1

Year Crime:

2008

Year Convicted:

2008

Year Cleared:

2015

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Harris

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Unconstitutional statute.

Innocence Proved By:

"On October 28, 2015 the Texas Court of Criminal Appeals granted Curtis Fournier's habeas corpus petition based on the unconstitutionality of the statute he was convicted of violating."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Ex Parte Fournier, No. WR-82,102-01 (Tex. Court of Criminal Appeals 10-28-2015) (Granting habeas corpus relief and ordering dismissal of indictment based on unconstitutionality of the statute he was convicted of violating.)"

Information Location 1:

http://law.justia.com/cases/texas/court-of-criminal-appeals/2015/wr-82-102-01.html

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Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: