Wrongly Convicted Database Record
|
Charge: |
Refusing to submit to alcohol test (Breath or blood) |
Sentence: |
120 days with 90 days suspended 3 years unsupervised release |
Years Imprisoned: |
0.06 |
Year Crime: |
2011 |
Year Convicted: |
2012 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
California - Federal Case |
County or Region of Crime: |
Madera |
City of Crime: |
Yosemite |
Result: |
Judicially Exonerated |
Summary of Case: |
"Sean Harrington was wrongly convicted of the misdemeanor of refusing to submit to a blood alcohol test in a national park. On June 10, 2011 Harrington's car was stopped by a federal park ranger in the Yosemite National Park. Harrington refused the ranger's request to take a field sobriety test, and he was arrested on suspicion of driving under the influence of alcohol. Harrington was tried by a federal magistrate, and found guilty of refusing to take the blood alcohol test. He was sentenced to 120 days in federal custody with 90 days suspended, to be followed by 36 months of unsupervised release. Harrington appealed. On April 18, 2014 the U.S. Ninth Circuit Court of Appeal reversed Harrington's conviction on the basis that the ranger violated his due process right by erroneously telling him that he couldn't be federally charged refusing the test, if he didn't take the test." |
Conviction Caused By: |
|
Innocence Proved By: |
"On April 18, 2014 the U.S. Ninth Circuit Ct. of Appeals reversed Harrington's conviction on the basis his due process rights were violated by being misinformed that he couldn't be federally charged refusing the test, if he didn't take the test." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Male |
Skin/Ethnicity: |
|
Information Source 1: |
"USA v. Sean Harrington, No. 12-10526 (9th Cir. 4-18-2014) (Reversing conviction)" |
Information Location 1: |
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2014/04/18/12-10526.pdf |
Information Source 2: |
|
Information Location 2: |
|
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org