Wrongly Convicted Database Record
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Charge: |
Vehicular Homicide (Incl. Culpable negligence) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
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Year Cleared: |
1985 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Orange |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Frank W. Joseph was wrongly convicted of criminally negligent homicide and vehicular manslaughter, among other charges, for conduct alleged to have caused the death of Donna Nehme, and the subsequent stillbirth of her child in Orange County, New York. After his conviction Joseph appeal asserted that the "death" of an unborn child cannot support a prosecution for the offenses charged. On November 21, 1985 on appeal. the counts of criminally negligent homicide and vehicular manslaughter were ordered dismissed because under those statutes Joseph couldn't be convicted for causing the death of an unborn child." |
Conviction Caused By: |
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Innocence Proved By: |
"On November 21, 1985 on appeal, the counts of criminally negligent homicide and vehicular manslaughter were ordered dismissed because under those statutes Joseph couldn't be convicted for causing the death of an unborn child." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"People v. Joseph, 130 Misc 2d 377, 496 NYS 2d 328 [County Ct, Orange County 1985] [dismissing the counts of criminally negligent homicide and vehicular manslaughter against defendant for causing the death of an unborn child])" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=10582402496297352466&q=People+v.+Joseph,+130+Misc+2d+377&hl=en&as_sdt=6,48" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org