Wrongly Convicted Database Record
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Charge: |
Second Degree Murder and Robbery |
Sentence: |
25 years to life in prison |
Years Imprisoned: |
6 |
Year Crime: |
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Year Convicted: |
1976 |
Year Cleared: |
1982 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Erie |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"J. L. Ivey Jr. was wrongly convicted in 1976 of three counts of murder in the second degree and two counts of robbery in the first degree by a jury in Erie County, New York. Ivey was sentenced to 25 years to life imprisonment. Ivey's conviction was reversed in 1981 based on: "The record is replete with numerous and repeated acts of improper and prejudicial conduct by the prosecution which deprived defendant of a fair trial." (People v. Ivey, 83 AD 2d 788 (NY Appellate Div., 4th Dept. 1981) Ivey was retried in 1982, and a new witnesses testimony inferred the the actual culprit was a different person. The jury acquitted Ivey. Ivey filed a claim in March 1985 under New York State's Unjust Conviction and Imprisonment Act. Ivey was awarded a judgment by the Court of Claims against the state for his wrongful conviction and imprisonment. The State appealed, arguing that a person acquitted following a retrial wasn't entitled to compensation under the New York Court of Claims Act §?8-b -- Claims for unjust conviction and imprisonment. On December 16, 1992 the New York Court of Appeals affirmed the award in ruling that an acquittal following a retrial entitled a claimant to compensation under the statute." |
Conviction Caused By: |
Prosecutor committed numerous and repeated acts of improper and prejudicial conduct at Iveys trial. |
Innocence Proved By: |
Conviction overturned and acquitted after a retrial. |
Defendant Aided By: |
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Compensation Awarded: |
Yes - 1992 |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"People v. Ivey, 83 AD 2d 788, 443 NYS 2d 452 (NY Appellate Div., 4th Dept., 1981)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=16768526610122584495&q=443+N.Y.S.2d+452&hl=en&as_sdt=6,48" |
Information Source 2: |
Actual Innocence - Exonerated Individuals whose cases involved prosecutorial misconduct |
Information Location 2: |
http://www.publicintegrity.org/pm/default.aspx?sid=sidebarsb&aid=38 |
Information Source 3: |
"Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988, by Marty I. Rosenbaum, 18 N.Y.U. Rev. L. & Soc. Change 807" |
Information Location 3: |
http://deskovic.org/research/article/id/Inevitable-Error-Wrongful-New-York-State-Homicide-Convictions |
Information Source 4: |
"J. L. Ivey Jr. v. State of New York, 80 N.Y.2d 474, 606 N.E.2d 1360, 591 N.Y.S.2d 969 (1992) (December 16, 1992) (Affirming award of compensation under New York' States Unjust Conviction and Imprisonment Act.)" |
Information Location 4: |
"https://scholar.google.com/scholar_case?case=3392042183169097487&q=J.+L.+Ivey+Jr.+&hl=en&as_sdt=6,48" |
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Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org