Garry Robert Lee

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Charge:	Involuntary Manslaughter
Sentence:	3 years
Years Imprisoned:
Year Crime:	1996
Year Convicted:	1998
Year Cleared:	2000
U.S. State or Country of Crime:	Nevada
County or Region of Crime:	Pershing
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Garry Robert Lee was wrongly convicted of involuntary manslaughter in Pershing County, Nevada. Garry Lee was prosecuted based on him striking a vehicle on June 19, 1996 and killing the driver while driving his Peterbilt tractor and tanker trailer on the wrong side of an access road on BLM federal property that runs between the Coeur-Rochester Mine and Limerick Canyon Road located in Pershing County. He injured the driver's wife and daughter. The trial judge denied Lee's motion to dismiss the charges on the basis the reckless driving statute does not apply to the mining access road where hte incident occurred. Garry Lee then pled no contest to one count of involuntary manslaughter, but reserved the right to appeal the judge's ruling denying his motion to dismiss. On April 6, 2000 the Nevada Supreme Court reversed Lee's conviction based on the trial judge's erroneous denial of the motion to dismiss. The Court's ruling stated:"In sum, we conclude that a road constructed on federal property pursuant to a right-of-way granted by the BLM does not constitute a "highway" for purposes of NRS chapter 484 unless the road has been dedicated to a public authority. Since the access road where the incident occurred in this case was never dedicated to a public authority, the district court should have granted Lee's motion to dismiss the charges of felony reckless driving. Therefore, we remand this case to the district court with instructions that Lee must be given the opportunity to withdraw his plea pursuant to NRS 174.035(3)." (Lee v. State, 997 P. 2d 138 - Nev: Supreme Court 2000)"
Conviction Caused By:
Innocence Proved By:
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Skin/Ethnicity:	White
Information Source 1:	"Lee v. State, 997 P. 2d 138 (Nev: Supreme Court 2000) (Reversing conviction and remanding for Lee to be able to withdrawl his plea.)"
Information Location 1:	"https://scholar.google.com/scholar_case?case=6597232303438960372&q=Lee+v.+State,+997+P.2d+138+(Nev.+2000)+&hl=en&as_sdt=806"
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Garry Robert Lee

Charge:

Involuntary Manslaughter

Sentence:

3 years

Years Imprisoned:

Year Crime:

1996

Year Convicted:

1998

Year Cleared:

2000

U.S. State or Country of Crime:

Nevada

County or Region of Crime:

Pershing

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Skin/Ethnicity:

White

Information Source 1:

"Lee v. State, 997 P. 2d 138 (Nev: Supreme Court 2000) (Reversing conviction and remanding for Lee to be able to withdrawl his plea.)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=6597232303438960372&q=Lee+v.+State,+997+P.2d+138+(Nev.+2000)+&hl=en&as_sdt=806"

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