Wrongly Convicted Database Record
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Charge: |
Loitering |
Sentence: |
$195.90 fine |
Years Imprisoned: |
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Year Crime: |
2013 |
Year Convicted: |
2014 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Wisconsin |
County or Region of Crime: |
St. Croix |
City of Crime: |
Somerset |
Result: |
Judicially Exonerated |
Summary of Case: |
"Mark J. Hoffman was wrongly convicted of misdemeanor loitering in Somerset Village, Wisconsin on July 23, 2013. Hoffman was stopped while walking with a pistol in its holster and a rifle on his shoulder. Wisconsin has an open carry law and Hoffman was properly licensed. The trial judge denied Hoffman's pretrial motion to dismiss the charge because the sole reason he was stopped is because he was carrying his carrying his firearms -- which wasn't a violation of the law. After his conviction by a jury Hoffman was sentenced to pay a fine of $195.90. Hoffman appealed. On May 17, 2017 the Wisconsin Court of Appeals District III reversed Hoffman's conviction on the basis the prosecution introduced insufficient evidence that he was loitering in violation of the law. The appeals court noted that the only reason Mark Hoffman was stopped by the police and arrested for loitering is because he was engaged in the lawful activity of carrying his firearms in public." |
Conviction Caused By: |
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Innocence Proved By: |
"On May 17, 2017 the Wisconsin Court of Appeals District III reversed Hoffman's conviction on the basis the prosecution introduced insufficient evidence that he was loitering in violation of the law." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Village of Somerset v. Mark J. Hoffman, No. 2015AP000140 (Wisc. 3rd Dist Ct. of Appeals, 5-17-2016) (Reversing conviction based on Hoffman's conduct was legal under the law, and the prosecution introduced insufficient evidence.)" |
Information Location 1: |
https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=168143 |
Information Source 2: |
"Wisconsin court overturns conviction of gun-toting man, By Scott Bauer,Associated Press, May 17, 2016" |
Information Location 2: |
http://www.washingtontimes.com/news/2016/may/17/wisconsin-court-overturns-conviction-of-gun-toting/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org