Wrongly Convicted Database Record

 

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T. H.

 

Charge:

Felonious Sexual Penetration

Sentence:

10 to 25 years

Years Imprisoned:

3.75

Year Crime:

1993

Year Convicted:

1994

Year Cleared:

1998

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Hamilton

City of Crime:

Cincinnati

Result:

Judicially Exonerated Released

Summary of Case:

"T. H. was wrongly convicted on April 26, 1994 of felonious sexual penetration in Hamilton County, Ohio. After her conviction following a one-day bench (judge only) trial, she was sentenced to the maxiumum of 10 to 25 years in prison. The Hamilton County, 1st District Court of Appeals reversed T.H.'s conviction on December 26, 1997 and ordered dismissal of her charges: citing questions about the reliablity of the testimony of the prosecution's key witness, and the flawed testimony of the prosecution's medical expert that "at best, was conjecture based on speculation." On April 22, 1998 the Ohio Supreme Court declined to consider the State's appeal. On April 9, 1999 T.H. filed a claim for compensation with the Ohio Court of Claims. The State of Ohio stipulated she was wrongly imprisoned for 1,368 days, and on February 5, 2001 the Court of Claims awarded T.H. $93,708 for her wrongful imprisonment. However, her claim for attorney's fees was denied because she was represented on appeal pro bono by the University of Akron School of Law Legal Clinic."

Conviction Caused By:

Innocence Proved By:

"The Hamilton County, 1st District Court of Appeals reversed T.H.'s conviction on December 26, 1997 and ordered dismissal of her charges: citing questions about the reliablity of the testimony of the prosecution's key witness, and the flawed testimony of the prosecution's medical expert that "at best, was conjecture based on speculation." On April 22, 1998 the Ohio Supreme Court declined to consider the State's appeal."

Defendant Aided By:

University of Akron School of Law Legal Clinic

Compensation Awarded:

"$93,708 (State of Ohio, Feb. 2001)"

Was Perpetrator Identified?

Age When Imprisoned:

21

Age When Released:

25

Sex:

Female

Skin/Ethnicity:

Black

Information Source 1:

"T. H. v. State of Ohio, No. 1999-07509 WI (Ohio Court of Claims, 2-5-2001) (Granting judgment of $$93,708)"

Information Location 1:

http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=030630000807631&Seq=1

Information Source 2:

"State of Ohio v. T. H., No. 1998-0254 (Ohio Supreme Court, 4-22-1998) (Declining to consider the State's appeal of the reversing conviction.)"

Information Location 2:

http://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/1998/0254

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

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