Justin Patrick Kelley

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Charge:	Attempting to elude police vehicle or officer
Sentence:
Years Imprisoned:
Year Crime:	2014
Year Convicted:	2015
Year Cleared:	2016
U.S. State or Country of Crime:	Nevada
County or Region of Crime:	Elko
City of Crime:	Wells
Result:	Judicially Exonerated
Summary of Case:	"Justin Patrick Kelley was wrongly convicted on January 5, 2015 of felony eluding a police officer in Wells, Nevada on February 8, 2014. Kelley was charged with misdemeanor reckless driving and felony eluding a police officer based on the same incident that began when a police officer noticed Kelley driving his all-terrain vehicle in Wells without brake lights or turn signals. Kelley did not immediately stop when the deputy activated his overhead lights and police siren, but he did stop after traveling for several blocks. On November 14, 2014, Kelley pleaded no contest to misdemeanor reckless driving. Then, on December 2, 2014, Kelley filed a motion to dismiss the charge of felony eluding a police officer on the basis it was double jeopardy, because reckless driving was a lesser included offense. The Elko County District Court judge ruled against Kelley, and he pled guilty to felony eluding a police officer with the proviso he could appeal. Kelley was sentenced to a prison term. On April 28, 2016 the Nevada Supreme Court ruled that, "Because we conclude that reckless driving is a lesser included offense of felony eluding a police officer as charged in this case, we conclude that appellant may not be punished for both crimes." ("
Conviction Caused By:
Innocence Proved By:
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Was Perpetrator Identified?
Age When Imprisoned:	23
Age When Released:	24
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Kelley v. State, 132 Nev. Advance Opinion 32, No. 67777 (Nev. Sup. Ct., Apr 28, 2016) (Reversing conviction based on double jeopardy, because first conviction was for lesser included offense of his second conviction.)"
Information Location 1:	http://caseinfo.nvsupremecourt.us/document/view.do?csNameID=35984&csIID=35984&deLinkID=549806&sireDocumentNumber=16-13319
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Justin Patrick Kelley

Charge:

Attempting to elude police vehicle or officer

Sentence:

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Nevada

County or Region of Crime:

Elko

City of Crime:

Wells

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

23

Age When Released:

24

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Kelley v. State, 132 Nev. Advance Opinion 32, No. 67777 (Nev. Sup. Ct., Apr 28, 2016) (Reversing conviction based on double jeopardy, because first conviction was for lesser included offense of his second conviction.)"

Information Location 1:

http://caseinfo.nvsupremecourt.us/document/view.do?csNameID=35984&csIID=35984&deLinkID=549806&sireDocumentNumber=16-13319

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