Aster Zeru Gebrekidan

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Charge:	Regulatory Violation
Sentence:	$250 fine
Years Imprisoned:
Year Crime:	2014
Year Convicted:	2014
Year Cleared:	2016
U.S. State or Country of Crime:	Georgia
County or Region of Crime:	DeKalb
City of Crime:	Clarkson
Result:	Judicially Exonerated
Summary of Case:	"Aster Zeru Gebrekidan was wrongly convicted on Sepember 15, 2014 of violating a City of Clarkston, Georgia ordinance prohibiting certain retailers of packaged alcoholic beverages from allowing on their premises any form of electronic or mechanical game machine or coinoperated device that may be used for entertainment or amusement purposes. Gebrekidan owned a convenience store in Clarkston where she sold packaged beer, malt beverages, and wine for consumption off-premises and also offers COAMs for play pursuant to a state license granted under the state's COAM Laws. On June 5, 2014 Gebrekidan was cited for violating Clarkston's ordinance. Gebrekidan filed a motion to dismiss the citation based on the Georgia Constitution's Uniformity Clause. On September 9, 2014, the Municipal Court judge denied her motion. After her conviction in Municipal Court, Gebrekidan was fined $250. Gebrekidan appealed, arguing that Georgia's state coin operated amusement machine (COAM) laws preempt local ordinances. Gebrekidan obtained review by certiorari in the Superior Court of DeKalb County of her preemption claim. After a hearing on January 12, 2015, the superior court entered an order affirming Gebrekidan’s conviction on February 6, 2015. On April 2, 2015 the Georgia Supreme Court granted discretionary review of Gebrekidan's conviction based on her preemption argument. On March 21, 2016 the Georgia Supreme Court unanimously reversed Gebrekidan's conviction. The Court's ruling stated in part: "As explained below, we conclude that the State’s COAM Laws preempt the City’s ordinance at least insofar as the ordinance applies to COAMs as defined by the state statutes, and we therefore reverse Gebrekidan’s conviction and fine.""
Conviction Caused By:
Innocence Proved By:	"On March 21, 2016 the Georgia Supreme Court unanimously reversed Gebrekidan's conviction. The Court's ruling stated in part: "As explained below, we conclude that the State’s COAM Laws preempt the City’s ordinance at least insofar as the ordinance applies to COAMs as defined by the state statutes, and we therefore reverse Gebrekidan’s conviction and fine.""
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Sex:	Female
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Information Source 1:	"Gebrekidan v. City of Clarkston, No. S15A1442 (GA Sup. Ct., 3-21-2016) (Reversing conviction because local ordinance was preempted by state law.)"
Information Location 1:	http://www.gasupreme.us/wp-content/uploads/2016/03/s15a1442.pdf
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Aster Zeru Gebrekidan

Charge:

Regulatory Violation

Sentence:

$250 fine

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2014

Year Cleared:

2016

U.S. State or Country of Crime:

Georgia

County or Region of Crime:

DeKalb

City of Crime:

Clarkson

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Gebrekidan v. City of Clarkston, No. S15A1442 (GA Sup. Ct., 3-21-2016) (Reversing conviction because local ordinance was preempted by state law.)"

Information Location 1:

http://www.gasupreme.us/wp-content/uploads/2016/03/s15a1442.pdf

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