Wrongly Convicted Database Record
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Charge: |
"Sexual Crime Online (e.g., enticing minor in chatroom for sex)" |
Sentence: |
10 years |
Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
2012 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
McLennan |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"John William Kitch was wrongly convicted of multiple counts in four indictments of online solicitation of a minor in McLennan County, Texas. John Kitch was sentenced to ten years imprisonment under Tex. Penal Code § 33.021(b). He did not appeal his convictions. In 2013 the Texas Court of Criminal Appeals ruled that § 33.021(b) unconstitutional in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). Kitch filed a writ of habeas corpus that his convictions were no longer valid in light of Lo. The State did not oppose Kitch's petition and the district court judge recommended the granting of his petition. On January 25, 2017 the Texas Court of Criminal Appeals granted Kitch's writ of habeas corpus and ordered dismissal of his indictment." |
Conviction Caused By: |
Unconstitutional statute. |
Innocence Proved By: |
"On January 25, 2017 the Texas Court of Criminal Appeals granted John Kitch's habeas corpus petition based on the unconstitutionality of the statute he was convicted of violating." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Ex Parte Kitch, No. WR-85,399-01 - 04 (Tex. Court of Criminal Appeals 1-25-2017) (Granting habeas corpus relief and ordering dismissal of indictment based on unconstitutionality of the statute he was convicted of violating.)" |
Information Location 1: |
www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=1d9401de-726f-4c9d-86b6-c4812b9a8859&coa=coscca&DT=OPINION&MediaID=ff143748-71a8-4fed-b2f6-d2d5fef74dab |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org