Wrongly Convicted Database Record

 

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Buxton Craig Heyerman

 

Charge:

Sexual Assault (includes aggravated)

Sentence:

20 to 40 years

Years Imprisoned:

20

Year Crime:

1985

Year Convicted:

1987

Year Cleared:

1989

U.S. State or Country of Crime:

Michigan

County or Region of Crime:

Calhoun

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Buxton Heyerman was wrongly convicted in 1988 of sexually assaulting his young step-daughter. Buxton Heyerman was sentenced to 20-40 years in prison. In 1989 the Michigan Court of Appeals overturned his conviction and ordered a new trial based on the trial judges error of allowing his wife to testify over his objections. The Calhoun County prosecutor and Circuit Court did nothing to institute Heyerman's retrial, and 18 years after the Court of Appeal's decision he filed a pro se writ of habeas corpus that he was illegally incarcerated. On May 11, 2007 the charges were dismissed against Heyerman by a Calhoun County Circuit Court judge and he was released from custody. Heyerman filed a federal civil rights lawsuit against Calhoun County, the Calhoun County Prosecutor's Office. That lawsuit was dismissed by the U.S. District Court, and on May 29, 2012 the federal Sixth Circuit Court of Appeals affirmed the dismissal of his complant. Heyerman also filed a state suit against his lawyer at the time his conviction was overturned and was awarded a judgment of $90,000. His lawyer was barred from practicing law for three years by the Michigan Bar Association after he was found guilty of ethics violations in his representation of Heyerman."

Conviction Caused By:

Innocence Proved By:

"On May 11, 2007 the charges were dismissed against Heyerman by a Calhoun County Circuit Court judge and he was released from custody."

Defendant Aided By:

Compensation Awarded:

"$90,000 (State lawsuit lawyer malpractice, 2008)"

Was Perpetrator Identified?

Age When Imprisoned:

34

Age When Released:

54

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Man's case costly lesson for state, Detroit Free Press, May 26, 2007"

Information Location 1:

http://www.freep.com/apps/pbcs.dll/article?AID=/20070526/OPINION01/705260325/-1/PRINT

Information Source 2:

"Buxton Heyerman v. County of Calhoun, No. 10-2322 (6th Cir., 5-29-2012)"

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

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