Wrongly Convicted Database Record

 

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Anthony Hicks

 

Charge:

"Rape, Robbery and Burglary"

Sentence:

20 years

Years Imprisoned:

5

Year Crime:

1990

Year Convicted:

1991

Year Cleared:

1996

U.S. State or Country of Crime:

Wisconsin

County or Region of Crime:

Dane

City of Crime:

Madison

Result:

Judicially Exonerated Released

Summary of Case:

"Anthony Hicks was wrongly convicted on December 19, 1991 of rape, robbery and burglary in the assault of a woman on November 15, 1990 who lived in the same apartment building as Hicks. Awarded a new trial in 1996 by the Wisconsin Supreme Court based on DNA tests excluding him as the woman's assailant. He was released on bail. In 1997 the prosecution dismissed the charges after Hicks had been wrongly imprisoned for five years. Anthony sued his trial lawyer for malpractice for not pursuing the DNA tests that would have prevented Anthony's wrongful conviction. In October 2000 a jury awarded him $2.6 million. The Wisconsin Court of Appeals vacated the award on March 28, 2002, ruling that Hicks' did not establish his innocence at his trial, and ordered a new trial to only determine by a preponderance of the evidence that Hicks did not commit the crime, and if he so proved, then the $2.6 million jury award would be reinstated. Hicks reached a confidential settlement with the lawyer in October 2004. Anthony Hicks was awarded $25,000 compensation by the state of Wisconsin in December 2006, plus $53,060 in legal fees, which was half of what Hicks spent on lawyers. In November 2007 the Board increased the award in legal fees to $84,767.64."

Conviction Caused By:

Eyewitness error and erroneous prosecution lab results and testimony

Innocence Proved By:

Post-conviction DNA testing excluded him as the woman's assailant.

Defendant Aided By:

Innocence Project NY

Compensation Awarded:

"$25,000 plus unknown amount. $25,000 (State of Wisconsin, Dec. 2006) plus $84,767.64 legal fees (State of Wisconsin, Nov. 2007), and Undisclosed State malpractice lawsuit settlement (Attorney Willie J. Nunnery, Oct. 2004)"

Was Perpetrator Identified?

Age When Imprisoned:

27

Age When Released:

32

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"State sets wrongful conviction payment, Wisconsin State Journal, By Ed Treleven, December 29, 2006"

Information Location 1:

http://www.madison.com/wsj/home/local/index.php?ntid=112943&ntpid=3

Information Source 2:

"Hicks v. Nunnery, 643 NW 2d 809, 253 Wis.2d 721, 2002 WI App 87 (Wis. Court of Appeals 2002) (Vacating jury award because Hicks hadn't presented evidence proving by a preponderance that he was not guilty of his convicted crime.)"

Information Location 2:

"https://scholar.google.com/scholar_case?case=14614931450852374882&q=anthony+hicks&hl=en&as_sdt=4,50"

Information Source 3:

Anthony Hicks links

Information Location 3:

http://www.truthinjustice.org/hicks.htm

Information Source 4:

"Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence after Trial, by Edward Connors, Thomas Lundregan, Neal Miller and Tom McEwen (US DOJ, National Institute of Justice, June 1996)"

Information Location 4:

Information Source 5:

"Anthony Hicks, Wisconsin Claims Board, November 29, 2007"

Information Location 5:

http://claimsboard.wi.gov/docview.asp?docid=13152&locid=28

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Book Information:

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

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