Kriseya J. Labastida

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Charge:	Second Degree Murder
Sentence:	Life Imprisonment
Years Imprisoned:	7.5
Year Crime:	1993
Year Convicted:	1993
Year Cleared:	2000
U.S. State or Country of Crime:	Nevada
County or Region of Crime:	Washoe
City of Crime:	Reno
Result:	Judicially Exonerated Released
Summary of Case:	"Kriseya J. Labastida was wrongly convicted in 1993 of second-degree murder and child neglect in the death of her 7-week-old son Thunder on January 9, 1993 in Reno, Nevada. The infant's father, Michael Strawser, was also charged, and he was sentenced to life in prison after he pled guilty to murder, child abuse causing substantial bodily harm, and child neglect. During Kriseya's trial Stawser testified that he alone abused Thunder, that he convincingly concealed his actions from Kriseya, and he lied to her about the cause of the child's injuries. Kriseya's defense was that she wasn't present when her son's injuries were inflicted, and she had no knowledge it was occuring so she couldn't have had any criminal intent to commit any crimes. After her conviction by the jury, she was sentenced to consecutive sentences of life in prison for second-degree murder, and 20 years in prison for child neglect. In 1996 the Nevada Supreme Court affirmed her convictions. On October 11, 1999 the Nevada Supreme Court reversed her murder conviction after reconsidering their initial upholding of her conviction. The Court ruled that since she had no foreknowledge the crime would occur. so she couldn't have had any criminal intent to commit murder. It was believed to be only the 2nd time Nevada Supreme Court reversed itself upon reconsideration of an initial denial of relief to a petitioning criminal defendant. Kriseya's child neglect conviction was not overturned, and she was released on parole. Kriseya Labastida was the daughter of Justice Denied magazine co-founder Clara Boggs, whose case of injustice was one of the reasons for founding the magazine."
Conviction Caused By:	Judge failed to properly instruct the jury that Labastida needed to have the specific intent that her son would be murdered by her husband.
Innocence Proved By:	"On October 11, 1999 the Nevada Supreme Court reversed Kriseya's murder conviction on the basis she wasn't present when her infant son was killed by her husband, and she had no foreknowledge it would occur. so she couldn't have had any criminal intent to commit murder."
Defendant Aided By:	"Reno, Nevada attorneys Richard "Rick" Cornell and Glynn Cartledge."
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	24
Age When Released:	32
Sex:	Female
Skin/Ethnicity:	Hispanic
Information Source 1:	"Labastida v. State, 986 P. 2d 443, 115 Nev. 298 (Nev. Supreme Court, 10-11-1999) (Reversing murder conviction on reconsideration of affirmation in 1996)"
Information Location 1:	"https://scholar.google.com/scholar_case?case=11663534314607347750&q=Kriseya+J.+LABASTIDA&hl=en&as_sdt=6,48"
Information Source 2:	"High court overturns murder conviction in Reno child death case, By Brendan Riley (staff), Las Vegas Sun, October 11, 1999"
Information Location 2:	http://www.lasvegassun.com/news/1999/oct/11/high-court-overturns-murder-conviction-in-reno-chi/
Information Source 3:	"Labastida v. State, 931 P.2d 1334, 112 Nev. 1502 (Nev. Sup. Ct., 12-20-1996) (Affirming convictions)"
Information Location 3:	http://law.justia.com/cases/nevada/supreme-court/1996/25685-1-0.html
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Kriseya J. Labastida

Charge:

Second Degree Murder

Sentence:

Life Imprisonment

Years Imprisoned:

7.5

Year Crime:

1993

Year Convicted:

1993

Year Cleared:

2000

U.S. State or Country of Crime:

Nevada

County or Region of Crime:

Washoe

City of Crime:

Reno

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Judge failed to properly instruct the jury that Labastida needed to have the specific intent that her son would be murdered by her husband.

Innocence Proved By:

"On October 11, 1999 the Nevada Supreme Court reversed Kriseya's murder conviction on the basis she wasn't present when her infant son was killed by her husband, and she had no foreknowledge it would occur. so she couldn't have had any criminal intent to commit murder."

Defendant Aided By:

"Reno, Nevada attorneys Richard "Rick" Cornell and Glynn Cartledge."

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

24

Age When Released:

32

Sex:

Female

Skin/Ethnicity:

Hispanic

Information Source 1:

"Labastida v. State, 986 P. 2d 443, 115 Nev. 298 (Nev. Supreme Court, 10-11-1999) (Reversing murder conviction on reconsideration of affirmation in 1996)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=11663534314607347750&q=Kriseya+J.+LABASTIDA&hl=en&as_sdt=6,48"

Information Source 2:

"High court overturns murder conviction in Reno child death case, By Brendan Riley (staff), Las Vegas Sun, October 11, 1999"

Information Location 2:

http://www.lasvegassun.com/news/1999/oct/11/high-court-overturns-murder-conviction-in-reno-chi/

Information Source 3:

"Labastida v. State, 931 P.2d 1334, 112 Nev. 1502 (Nev. Sup. Ct., 12-20-1996) (Affirming convictions)"

Information Location 3:

http://law.justia.com/cases/nevada/supreme-court/1996/25685-1-0.html

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