David Matthew Hicks

Go to Database Search Page

Go to Database Index Page

Charge:	"Terrorism (providing material support, e.g, 10 U.S.C. § 950t(25))"
Sentence:	7 years with all but 9 months suspended
Years Imprisoned:	6
Year Crime:	2001
Year Convicted:	2007
Year Cleared:	2015
U.S. State or Country of Crime:	U.S. Military - Federal Case
County or Region of Crime:
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"David Matthew Hicks was an Australian citizen wrongly convicted on March 30, 2007 by a U.S. military tribunal of material support of terrorism under the under the Military Commissions Act of 2006. David Hicks pled guilty, and was sentenced to 7 years in prison with all but 9 months suspended. He was transferred to Australia to finish serving his sentence. Hicks was released on December 29, 2007. On October 16, 2012 the United States Court of Appeals ruled in the case of Salim Hamdan v. USA, 696 F. 3d 1238 (Ct of Appeals, Dist. of Columbia Circuit, 10-16-2012), that the material support of terrorism charge that Hicks had been convicted could not be applied retroactively to conduct prior to the law's enactment in 2006. Based on that ruling David HIcks appealed his conviction on November 5, 2013. Based on retroactive application of the MCA the D.C. Circuit Court vacated the material support of terrorism conviction in Al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014) (en banc). On February 18, 2015 the U.S. Court of Military Commission Review cited the Al Bahlul case in issuing its ruling that, "The findings of guilty are set aside and dismissed, and appellant’s sentence is vacated." (David M. Hicks v. USA, No. 13-004 (U.S. Ct. Mil. Comm. Review, 2-18-2015))"
Conviction Caused By:	Misapplication of the Military Commissions Act retroactively to Hicks' alleged offense.
Innocence Proved By:	"On February 18, 2015 the U.S. Court of Military Commission Review issued its ruling that, "The findings of guilty are set aside and dismissed, and appellant’s sentence is vacated.""
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	26
Age When Released:	32
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"David M. Hicks v. USA, No. 13-004 (U.S. Ct. Mil. Comm. Review, 2-18-2015) (Vacating conviction and dismissing charges)"
Information Location 1:	"http://www.mc.mil/Portals/0/pdfs/hicks13-004/Hicks%20v.%20United%20States,%2013-004%20Decision%20%28Feb%2018%202015%29.pdf"
Information Source 2:	"David Hicks, Wikipedia.org (last visited 2-18-2015)"
Information Location 2:	http://en.wikipedia.org/wiki/David_Hicks
Information Source 3:	"Hicks to appeal, then sue over conviction, By Phillip Coorey and Natalie O'Brien, The Age, October 17, 2012"
Information Location 3:	http://www.theage.com.au/federal-politics/political-news/hicks-to-appeal-then-sue-over-conviction-20121016-27q00.html
Information Source 4:
Information Location 4:
Information Source 5:	"Salim Hamdan v. USA, 696 F. 3d 1238 (Ct of Appeals, Dist. of Columbia Circuit, 10-16-2012),"
Information Location 5:	"http://scholar.google.com/scholar_case?case=15648526132006268678&q=Salim+Hamdan+v.+USA+2012&hl=en&as_sdt=6,48"
Book About Case:
Book Information:
Book About Case (2):
Book Information (2):
Movie About Case:
Comments About Case:

Go to Database Search Page

Go to Database Index Page

David Matthew Hicks

Charge:

"Terrorism (providing material support, e.g, 10 U.S.C. § 950t(25))"

Sentence:

7 years with all but 9 months suspended

Years Imprisoned:

6

Year Crime:

2001

Year Convicted:

2007

Year Cleared:

2015

U.S. State or Country of Crime:

U.S. Military - Federal Case

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Misapplication of the Military Commissions Act retroactively to Hicks' alleged offense.

Innocence Proved By:

"On February 18, 2015 the U.S. Court of Military Commission Review issued its ruling that, "The findings of guilty are set aside and dismissed, and appellant’s sentence is vacated.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

26

Age When Released:

32

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"David M. Hicks v. USA, No. 13-004 (U.S. Ct. Mil. Comm. Review, 2-18-2015) (Vacating conviction and dismissing charges)"

Information Location 1:

"http://www.mc.mil/Portals/0/pdfs/hicks13-004/Hicks%20v.%20United%20States,%2013-004%20Decision%20%28Feb%2018%202015%29.pdf"

Information Source 2:

"David Hicks, Wikipedia.org (last visited 2-18-2015)"

Information Location 2:

http://en.wikipedia.org/wiki/David_Hicks

Information Source 3:

"Hicks to appeal, then sue over conviction, By Phillip Coorey and Natalie O'Brien, The Age, October 17, 2012"

Information Location 3:

http://www.theage.com.au/federal-politics/political-news/hicks-to-appeal-then-sue-over-conviction-20121016-27q00.html

Information Source 4:

Information Location 4:

Information Source 5:

"Salim Hamdan v. USA, 696 F. 3d 1238 (Ct of Appeals, Dist. of Columbia Circuit, 10-16-2012),"

Information Location 5:

"http://scholar.google.com/scholar_case?case=15648526132006268678&q=Salim+Hamdan+v.+USA+2012&hl=en&as_sdt=6,48"

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: